Skip to main content

Full text of "The records of Elgin"

See other formats 


Aberdeen    University 
Studies       :        No.  9 


The   Records  of  Elgin 


UNIVERSITY    OF    ABERDEEN. 

COMMITTEE   ON    PUBLICATIONS. 

Convener:    Professor  JAMES  \V.    II.   TuAH.,   M.A.,   M.D.,   F.R.S.,  Curator  of  the   University 
Library. 

UNIVERSITY   STUDIES. 

General  E.lilor  :    I'ETE*  JOHN   ANDERSON,   M.A.,   LL.l!.,   Librarian  to  the   University. 


Xo.  \.-Koll  o/  Aliiiiini  in  Arts  of  Hit   University  ami  fCiȣs  College  of  Aberdeen,  1596-1860. 
Edited  by  1'.  J.  Ander.Min.      1900. 

No.  2.— The  Record*  of  01,1  Aberdeen,    1157-1891.      Edited  by  Alexander  Macdonald   Munro, 
E.S.A.  Scot.     Vol.  I.      1900. 

X,,.  3.— /'/.!<•<•  Names  of  U'est  Aberdeenshire.      l!y   the   late   James   Macdonald,   F.S.A.   Scot. 
1900. 

No.  4,—  T/ic  Family  of  Burnett  of  Leys.     l!y  the  late  George  Kurnctt,  LL.l).,  Lynn  King  of 
Anns.      1901. 

Xo.  5.  —  The  Keconls  of  lm<crraulJ,  1547-1828.     1-Mited  by  the  Rev.  John  Grant  Michie,  M.A. 
1901. 

j{0,  {>.— Rectorial  Addresses  JtlivcreJ  in  the    Universities  of  Aberdeen,   1835-1900.     Edited  by 
P.  J.  Anderson.      1902. 

Xo.  7. —  The  Albemarlc  Papers,   1746-48.     Edited  by  Charles  Sanford   Terry,   M.A.,  Professor 
of  History  in  the  University.      1902. 

j{0_  jj.  —  The  House  of  Gordon.     Edited  by  John  Malcolm  Bulloch,  M.A.     Vol.  I.      1903. 
THa.  9.— The  Records  of  Elgin.    Compiled  by  William  Cramond,  LL.D.     Vol.1.     1903. 

N».  lo.  —  The  Keeords  of  the  Sheriff  Court  of  Aberdeenshire.      Edited   by   David   Littlejohn, 
LL.D.     Vol.  I.     (I»  the  Press.} 


The   Records  of  Elgin 


Compiled  by 

William   Cramond,   M.A.,   LL.D.,   F.S.A.  Scot. 


Volume    I. 


Aberdeen 

Printed   for   the    University 
1903 


CONTENTS    OF    VOLUME    FIRST. 
P  re- Reformation. 

PACK 

Early  Grants  and  Charters     ...         ...  3 

The  Bishopric  of  Moray         ...         ...         4 

Elgin,  a  Cathedral  City          ...         6 

Visits  of  Early  Scottish  Kings  to  Elgin     ...         6 

Charter  of  Alexander  II.  to  the  Burgesses            7 

Edward  I.  in  Elgin      ...         ...         ...         ...  8 

Charter  of  the  Earldom  of  Moray 1 1 

The  Miraculous  Cure  of  John  Balormy       ...         ...         12 

The  Burgh  Seal            16 

The  Bishops  of  Moray  and  the  Port  of  Spynie    ...         16 

The  "Wolf  of  Badenoch"  burns  the  Cathedral     17 

An  old  Charter  in  the  Vernacular    ...         ...         ...         ...         ...  19 

The  Town  burned  for  the  third  time          ...         ...         ...         ...  20 

Representation  in  Parliament             ...         ...         ...         ...         ...  21 

Extracts  from  the  Lord  High  Treasurer's  Accounts        ...         ...  21 

Letter  of  Protection  by  Queen  Mary,  1555            ...         ...         ...  25 

"Act  anent  Maisterfull  Beggars,"  1537        26 

The  Town  of  Elgin  v.  Alexander  Dunbar,  Sheriff,  1540            ...  27 

Extracts  from  Pitcairn's  "Criminal  Trials"            ...         28 

1365 — 1560. 

References  to  Elgin  in  the  Exchequer  Rolls  of  Scotland  ...  32 

1306 — 1560. 

References  to  Elgin  in  the  Register  of  the  Great  Seal  ...  ...  41 

154.0— 1803. 

Extracts  from  the  Burgh  Court  Book  47 

154.9—1630. 

References  to  Elgin  in  the  Register  of  the  Privy  Council  ...  213 

1565— l649- 

References  to  Elgin  in  the  Register  of  the  Great  Seal 245 

1636 — 1800. 

Extracts  from  Minutes  of  Town  Council 253 


ILLUSTRATIONS    OF    VOLUME    FIRST. 

Armorial  Bearings  of  Elgin,  from  an  emblazonment  supplied  by 

the  Lyon  King  of  Arms  ...         ...         ...         ...  Frontispiece. 

PAC.F 

Charter,  Alexander  II.  to  the  Guildry  of  Elgin,  1234     ...         ...  8 

Charter,  David  II.  to  the  Preaching  Friars  of  Elgin,  1357         ...  16 

Charter,  Thomas,  Earl  of  Moray,  to  the  Burgh  of  Elgin,  1393  ...  20 

Charter,  John,  Earl  of  Moray,  to  the  Burgh  of  Elgin,   1390      ...  40 

Charter,  Thomas,  Earl  of  Moray,  to  the  Guildry  of  Elgin,  1396   ...  80 

Charter,  Thomas,  Earl  of  Moray,  to  the  Burgh  of  Elgin,  1396      ...  104 

Map,  Neighbourhood  of  Elgin,  from  Blaeu's  Atlas,  1662            ...  136 

Map,  Town  of  Elgin,  from  John  Wood's  plan,  1822        ...         ...  iGS 

Map,  Grieshop  Lands  of  Elgin,  from  original  sketch,  1800        ...  200 

Shields  built  into  Elgin  houses,  1576  and   1634    ...         ...         ...  212 

Order  Pot,  from  Rhind's  Elgin,  1839           ...         ...         ...         ...  232 

Shield  at  Greyfriars      ...         ...         ...         ...         ...         ...         ...  244 

Map  of  Linkwood,  from  original  sketch,  circa  1768         ...         ...  264 

Map  of  Maisondieu  Lands,  from  original  plan,  circa  1830         ...  276 

Map  of  Minister's  Glebe,  from  Peter  May's  plan,  1769  ...         ...  312 

Pans  Port,  from  Rhind's  Elgin          ...         ...         ...         ...         ...  344 

The    Prospect    of  the    Town    of   Elgin,   from    Slezer's    Theatrum 

Scotia,  1693           ...         ...         ...         ...         ...         ...         ...  352 

Elgin  Jail,  from  Rhind's  Elgin          ...         ...         ...         ...         ...  368 

Map,  Moss  and  Lands  of  Mosstowie,  from  original  plan,  1762...  384 

The  Little  Cross,  from  Rhind's  Elgin          ...         ...         ...         ...  416 

St.  Giles,  East  and  West  views,  from  Rhind's  Elgin       ...         ...  448 

Elgin  Street  Architecture,  from  Billings'  Antiquities  (1845-52)...  504 


ELGIN  IN  PRE-REFORMATION  TIMES. 

EARLY  GRANTS  AND  CHARTERS. — THE  BISHOPRIC  OF  MORAY. — ELGIN,  A  CATHEDRAL 
CITY. — VISITS  OF  EARLY  SCOTTISH  KINGS  TO  ELGIN. — CHARTER  OF  ALEXANDER  II. 
TO  THE  BURGESSES. — EDWARD  I.  IN  ELGIN. — CHARTER  OF  THE  EARLDOM  OF 
MORAY.— THE  MIRACULOUS  CURE  OF  JOHN  BAI.ORMY. — THE  BURGH  SEAL. — THE 
BISHOPS  OF  MORAY  AND  THE  PORT  OF  SPYNIE.— THE  "WOLF  OF  BADENOCH  " 
BURNS  THE  CATHEDRAL— AN  OLD  CHARTER  IN  THE  VERNACULAR. — THE  TOWN 
BURNED  FOR  THE  THIRD  TIME.— REPRESENTATION  IN  PARLIAMENT.— EXTRACTS 
FROM  THE  LORD  HIGH  TREASURER'S  ACCOUNTS.  — REFERENCES  TO  ELGIN  IN  THE 
"EXCHEQUER  ROLLS"  AND  THE  "REGISTER  OF  THE  GREAT  SEAL." 


ELGIN  IN  PRE-REFORMATION  TIMES. 


THE  early  history  of  the  burgh  of  Elgin,  as  of  many  another  burgh 
in  Scotland,  is  shrouded  in  a  dark  cloud  of  obscurity.  With  the 
advent  of  charters,  however,  in  the  eleventh  and  twelfth  centuries,  a 
guiding  light,  ever  increasing  in  brightness  as  the  centuries  roll  on,  begins 
to  appear.  As  we  feel  ourselves  walking  on  very  uncertain  ground  we 
hastily  pass  over  the  Romans  in  the  north  of  Scotland,  the  arrival  of  the 
followers  of  Columba  in  the  sixth  century  or  thereby  offering  the 
blessings  of  Christianity,  the  condition  of  the  people  under  the  Pictish 
kings  from  the  fifth  to  the  middle  of  the  ninth  century,  the  explication 
of  the  flint  and  bronze  implements,  the  urns  and  the  sculptured  stones, 
all  of  which  are  found  abundantly  in  the  district,  and  thereafter  we  hail 
with  satisfaction  the  first  clear  reference  to  the  burgh.  It  is  a  grant  of 
twenty  shillings  annually  from  "  my  burgh  and  waters  of  Elgin,"  by 
David,  King  of  Scots  (1124-1153),  to  the  monks  of  Urquhart  for  their 
vestments,  and  is  thus  recorded  in  the  Registrum  de  Dunfennclyn  (p.  18): 

De  xx  .  solidis  de  Elgin. 

Dauid  Rex  Scotorum  .  episcopis  .  abbatibus  .  Comitibus  .  Baronibus  . 
Vicccomitibus  .  prepositis  .  et  omnibus  probis  hominibus  tocius  murcf  et 
Scocie  Salutem.  Sciatis  me  in  perpetuum  dedisse  deo  et  monachis  de 
Vrchard  ibi  deo  famulantibus  dum  deuote  et  religiose  se  continuerint . 
xx  .  solidos  .  singulis  annis  ad  vestimenta  eorum  de  firma  burgi  mei  et 
aquarum  de  Elgin  .  Quare  precipio  quod  prepositus  eiusdem  burgi  eis 
illos  denarios  sine  omni  disturbacione  faciat  haberi.  Testibus  .  Herbert 
camerario  .  et  Alwino  filio  archil.  Apud  Banef. 

From  the  charters  of  David  I.  to  Dunfermline,  and  other  documents 
of  his  reign,  it  appears  that  "  the  free  hanse  "  or  privilege  of  trade  and 


4  RECORDS   OF   ELGIN. 

association  of  the  northern  burghs  of  Aberdeen,  Banff,  Elgin,  Forres, 
Nairn  and  Inverness,  existed  prior  to  1124. 

King  William  the  Lion  confirmed  the  protection  thus  granted,  as  the 
following  charter  *  shows : — 

Willclmus  dci  gracia  Rex  Scottorum  omnibus  probis  hominibus  tocius 
terre  sue  Salutem.  Sciant  presentes  et  futuri  me  concessisse  et  hac  carta 
mea  confirmasse  burgensibus  meis  de  Aberdeen  et  omnibus  burgensibus 
de  Moravia  et  omnibus  burgensibus  meis  ex  aquilonali  parte  de  Muneh 
manentibus  liberum  ansum  suum  tenendum  ubi  voluerint  et  quando 
voluerint  ita  libcre  et  quiete  plenarie  et  honorifice  sicut  antecessores 
eorum  tcmporc  Regis  David  aui  mei  ansum  suum  liberius  et  honorifi- 
centius  habucrunt  .  Ouarc  prohibeo  firmiter  ne  quis  eos  inde  vexet  aut 
disturbet  super  meam  plenariam  forisfacturam.  Testibus  Andrea  Episcopo 
dc  Katcnes  .  Comite  Dunecano  Justiciario  .  Gilleberto  comite  de  Stradhern. 
Comite  G.  de  Anegus  .  Ricardo  de  Moreuill  constabulario  .  Waltero  de 
Bcrkelci  camerario  .  G.  de  Malcuill  .  Hugone  Giffard  .  Malisio  fratre 
Comitis  dc  Stradhern  .  Apud  Pert. 

In  the  early  part  of  his  reign  David  had  to  contend  with  a  formidable 
rebellion  in  Moray.  This  he  successfully  crushed,  but  the  spirit  of  the 
men  of  Moray  was  not  easily  subdued,  and  they  again  caused  trouble  to 
his  successors,  Malcolm  and  William  and  Alexander  II.  This  rebellion 
over,  David  seized  the  land  that  belonged  to  his  rebellious  subjects  and 
portioned  it  out  to  strangers  from  the  south — Normans,  Saxons  and 
Flemings. 

The  bishopric  of  Moray  was  founded  probably  in  the  reign  of 
Alexander  I.,  but  it  was  not  till  the  reign  of  David  I.  that  dioceses  and 
parishes,  as  we  understand  the  terms,  came  into  use.  David  gave  a 
signal  instance  of  his  munificence  to  the  church  by  founding  the  Abbey 
of  Kinloss,  establishing  there  a  colony  of  Cistercians  from  Melrose.  To 
further,  no  doubt,  the  civilization  of  the  district,  he  also  founded  the 
Priory  of  Urquhart,  a  cell  of  the  Benedictine  Abbey  of  Dunfermline. 

William  the  Lion  (1165-1214)  granted  a  charter.f  "apud  Elgin,"  to 
Gaufridus  Blundus,  burgess  of  Inverness.  The  charter  is  dated  the 
second  of  May,  but  no  year  is  given.  It  is  interesting  to  learn  who  were 

"Charters  of  Aberdeen,  p.  3.  ^  Acts  AV.   Part.,  vol.   i.,  p.   89. 


PRE-REFORMATION   TIMES.  5 

present  with  the  King  in  Elgin  as  witnesses  to  this  charter : — 

"  David  comite  fratre  meo  .  [Duncano]  comite  de  Fife  justiciario 
Scotie  .  Gilberto  comite  de  Stradhern  .  Hugone  cancellario  .  Joanne 
de  Asting  .  Philippe  de  Valloniis  .  Willelmo  Cumyn  .  Petro  de  Pollok  . 
Willelmo  filio  Freskin  .  Hugone  filio  suo  et  Willelmo  filio  ejus." 

William  also  issued  a  precept,*  "Apud  Elgin,"  "De  decimis  solvendis 
in  Moravia,"  the  witnesses  on  this  occasion  being  recorded  as  follows : — 

"  Mattheo  episcopo  Aberdonensi  .  Johanne  Episcopo  de  Katenes 
Roberto  et  Willelmo  capellanis  meis  .  Hugone  clerico  meo  .  comite 
Patricio  .  Comite  Gylberto  .  Willelmo  filio  Freskyn  .  Willelmo  de 
Lindesei  .  Roberto  de  Londoniis  .  Willelmo  de  Haia  .  Ranulfo  de  Soulis. 
Petro  de  Polloc  .  Philippe  Marescallo  .  Herveio  Marescallo." 

William  the  Lion  was  like  his  grandfather,  a  generous  benefactor  to 
the  church.  He  granted  to  Richard,  Bishop  of  Moray,  a  toft  in  Elgin, 
Reg.  Mor.,  p.  n  (1189-99),  and  ten  pounds  annually  "de  firma  burgi 
mei  de  Elgin."  Prior  to  1180  he  also  granted  to  the  church  of  Kinloss 
the  whole  land  of  Burgin,  the  charter  being  witnessed  "  Apud  Elgin."  -f- 
He  also  granted  to  Kinloss  the  lands  of  Strathisla,f  and  a  toft  in  the 
burgh  of  Elgin,  as  well  as  in  several  other  northern  burghs.  \ 

From  the  Register  of  the  Bishopric  of  Moray,  p.  10,  it  appears  that 
this  King  granted  (1189-1199)  to  the  Bishop  of  Moray  the  right  to 
establish  a  mill  on  Lossie  (Loscyn)  above  the  cruives  and  below  the 
Castle  of  Elgin.  He  also  gave  the  Bishop  and  his  successors  the  right 
of  taking  fuel  for  their  own  use  from  the  King's  forests  around  Elgin, 
Forres  and  Inverness,  reserving  the  rights  the  burgesses  of  these  towns 
had  in  the  time  of  the  King's  grandfather,  David,  or  in  the  time  of  his 
brother,  King  Malcolm. 

Bricius  of  the.  house  of  Douglas  became  Bishop  of  Moray  in  1203, 
and,  by  his  great  charter  of  date  1208-1215,  he  procured  that  the 
cathedral,  which  had  hitherto  been  migratory  between  Birnie,  Spynie 
and  Kinneddar,  be  fixed  at  Spynie.  Andrew  de  Moravia,  who  succeeded 
as  bishop  in  1222,  petitioned  the  Pope  that  the  seat  of  the  bishopric  be 
transferred  from  Spynie  to  a  more  suitable  place,  namely,  to  the  church 

*  Acts  Sc.  Par/.,  vol.   i.,  p.  90.  f  Dr.  Stuart's  "  Kinloss,"  p.  109. 

JTransumpt  (1355)  in  Dr.  Stuart's  "Kinloss,"  p.  124. 


6  RECORDS  OF   ELGIN. 

of  the  Holy  Trinity  near  Elgin.  This  transference,  having  been  previously 
approved  of  by  the  King,  was  effected  in  1224,  and  the  establishment  of 
Elgin  as  a  cathedral  city  had  a  most  important  bearing  on  the  whole  of 
its  future  history. 

Nor  need  we  wonder  that  Bishop,  King  and  Pope  were  at  one  in  their 
choice  of  Elgin  as  the  scat  of  the  cathedral.  Probably  long  before  the 
Scottish  kingdom  was  founded  by  Kenneth  McAlpin  in  the  middle  of 
the  ninth  century,  there  existed  along  the  seaboard  from  Banff  to  Inver- 
ness a  line  of  forts,  each  evidently  selected  from  some  special  advantage 
of  site.  These  forts  formed  a  protection  against  foes,  alike  from  sea  and 
land,  a  rallying  point  in  times  of  danger,  and  a  prominent  position  for 
beacon  fires.  These  six  strongholds — Banff,  Cullen,  Elgin,  Forres,  Nairn 
and  Inverness — lie  at  singularly  regular  distances  apart,  and  all  from 
remote  antiquity  have  been  ranked  as  royal  burghs.  The  most  un- 
observant traveller  in  ancient  times,  as  he  approached  the  city  of  Elgin 
from  the  east,  must  have  been  struck  by  the  sudden  expanse  of  fertile 
fields  and  wood-covered  knolls,  all  betokening  a  genial  climate.  Nature 
herself,  he  must  have  thought,  had  marked  out  the  hill  now  designated 
the  Lady  Hill  as  the  site  of  a  stronghold,  while  he  could  not  fail  to 
admire  the  Lossie  meandering  in  the  neighbourhood  as  if  purposely  to 
afford  an  opportunity  at  all  points  for  the  erection  of  corn  and  other 
mills  for  the  service  of  man.  Not  far  off,  too,  in  early  times  his  eye 
would  alight  on  the  Loch  of  Spynie,  and  he  would  not  fail  to  remark  on 
the  advantages  the  Loch  afforded  for  fishing,  as  well  as  for  trading  direct 
with  other  ports  along  the  Moray  Firth. 

Charters  and  other  records  show  that  the  early  Kings  of  Scotland 
came  frequently  to  Elgin  and  its  neighbourhood.  King  Duncan  I.  was 
murdered  by  Macbeth  at  Bothnagowan  (Pitgavcny)  in  the  year  1040.* 
Alexander  I.  granted  a  charter  at  Elgin.  David  I.  passed  the  whole 
summer  of  1150  at  Duffus  Castle  superintending  the  building  of  the 
Abbey  of  Kinloss.f  William  the  Lion,  Alexander  II.,  J  Alexander  III., 

*  In  I235.  King  Alexander  II.  granted  three  merks  annually  from  the  fermes  of  "  the  King's 
;n  of  Llgm,    or,  as  it  is  designated  in  the  Exchequer  Rolls,  "de  terris  de  le  greifschip  de 
blgyn,    to  a  chaplain  in  the  Cathedral  to  pray  for  the  soul  of  King  Duncan. 

tSee  Sir  A.  H.  Dunbar's  "  Scottish  Kings,"  p.  63. 

"Anno  Domini  millesimo  ducentesimo  trigesimo  primo  dominus  rex  Scotiae  tenuit  natale 
suum  apud  Llgm     (Kordun's  "  Scotichron.,"  lib.  ix.,  cap.  48). 


PRE-REFORMATION   TIMES.  7 

and  David  II.  were  also  in  Elgin  on  several  occasions,  as  their  charters 
show. 

A  thowsand  twa  hundyr  and  thretty  gane 

And  to  tha  yhit  reknyt  ane 

The  Kyng  Alysandyre  in  Elgyne 

Held  his  Yhule  and  come  oure  syne 

The  Mwnthis  passand  till  Mwnros. 

(Wynton,  Bk.  vii.,  1.  2821.) 

Wynton,  in  referring  to  a  journey  the  King  made  from  Elgin  to  the 
south  of  Scotland  in  1242,  says  that  he  visited  Moray  yearly : — 

The  Kyng  and  the  Qwene  alsua 

And  ane  honest  Court  wyth  tha 

That  ilke  yhere  in-  Murrawe  past ; 

Bot  soon  agayne  he  sped  hym  fast 

Swa  efftyre  that  he  came  fra  Elgyne.    (Bk.  vii.,  1.  2951.) 

From  the  Exchequer  Rolls  we  learn  that  King  Alexander  III.  made 
a  journey  to  Inverness  in  1263,  passing  through  Elgin,  and  his  expenses 
in  going  and  returning  are  made  by  Alexander  de  Montfort,  Sheriff  of 
Elgin.  He  returned  to  Moray  in  the  following  year,  and  made  a  pro- 
longed stay  at  Forres.  From  references  made  in  records  of  that  period 
there  can  be  no  doubt  that  the  Kings  of  Scotland,  when  they  visited 
Elgin,  resided  in  the  Castle.  It  was  one  of  the  twenty-three  royal 
fortresses  of  Scotland  that  were  delivered  up  to  Edward  I.,  and  garrisoned 
by  English  troops,  and  in  the  following  year  transferred  to  John  Baliol. 
Henry  de  Rye  was  keeper  of  the  castles  of  Elgin  and  Forres  while  they 
were  in  the  hands  of  the  English. 

Many  burghs  of  considerably  less  importance  than  Elgin  possess 
charters  of  very  early  date,  notably  Ayr,  with  its  charter  even  of  erection 
by  King  William  the  Lion,  but  Elgin  neither  possesses  nor  has  possessed 
for  at  least  several  centuries  a  single  royal  charter,  or  confirmation  of 
royal  charter,  of  earlier  date  than  1234.  It  is  difficult  to  take  a  calm 
surview  of  the  whole  case  without  arriving  at  the  conclusion  that  charters, 
such  as  those  referred  to,  must  almost  of  necessity  have  been  granted, 
although  now  irretrievably  lost. 

The  following  is  a  copy  of  the  earliest  charter  now  in  the  possession 
of  the  burgh.  It  is  a  charter  granted  by  King  Alexander  at  Elgin  on 


8  RECORDS  OF  ELGIN. 

the  28th  day  of  November,  1234,  to  the  burgesses  of  Elgin,  conferring  on 
them  the  rights  of  a  merchant  guild  as  fully  and  freely  as  any  burgh  in 
Scotland  possessed : — 

Alexander  Dei  gratia  Rex  Scottorum  Omnibus  probis  hominibus 
tocius  terre  sue  salutem.  Sciatis  nos  concessisse  .  et  hac  carta  nostra 
confirmasse  Burgensibus  nostris  de  Elgyn  .  vt  ipsi  ad  melioracionem 
Burgi  nostri  dc  Elgyn  habeant  in  eodcm  Burgo  Gildam  suam  mercatricem 
adco  liberam  .  sicut  aliquis  Burgorum  nostrorum  in  toto  Regno  nostro 
Gildam  suam  habet  liberiorem  .  Testibus  .  Alano  hostiario  .  Reginald  le 
Chen  camerario  .  Hugonc  de  Abbirnythyn  .  Willelmo  et  Bernardo  de 
monte  alto  .  Alexandra  dc  Morauia  .  ct  Willelmo  Byset  .  apud  Elgyn  . 
vicesimo  octavo  die  Noucmbris  .  Anno  Regni  nostri  vicesimo. 

About  the  year  1235  the  Monastery  of  the  Blackfriars  of  Elgin  was 
founded  by  King  Alexander  II.,  and  about  the  same  time  he  also 
founded  the  Priory  of  Pluscarden. 

In  the  year  1270  the  cathedral  of  Elgin  and  the  manses  of  the 
Canons  were  destroyed  by  fire.* 

In  the  Acts  of  the  Scots  Parliament,  under  the  year  1292,  there  is 
noted  "  Littera  Burgens.  de  Elgin,"  remitting  debts  of  the  King  and 
Queen. 

Little  is  recorded  of  Elgin  during  the  troublous  years  following  the 
death  of  Alexander  III.,  until  Edward  I.  of  England  proceeded  to 
subjugate  the  kingdom  of  Scotland. 

Of  the  eight  expeditions  Edward  I.  made  into  Scotland,  only  twice 
did  he  march  so  far  north  as  Elgin.  This  was  in  the  years  1296  and 
1 303,  being  his  third  and  seventh  expeditions  respectively.  The  following 
notes  of  these  expeditions  arc  taken  from  a  valuable  work  recently 
published  •}• : — 

With  an  army  of  30,000  footmen  and  4000  to  5000  horsemen,  Edward 
crossed  the  Tweed  to  invade  Scotland,  and  reached  Edinburgh  on  6th 
June,  1296.  The  narrative  of  the  expedition  is  still  extant  in  Norman- 
French  in  the  Royal  Library  at  Paris,  written  in  the  XIV.  century 

* "  Eodem  anno  combusta  est  ecclesia  de  Elgyn  et  aedificia  canonicorum  "  (Fordun's 
"  Scotichron.,"  ii.,  112). 

t"  Itinerary  of  King  Edward  the  First,  1272-1307,"  by  Henry  Gough.     (2  vols.     Paisley, 


PRE-REFORMATION   TIMES.  9 

apparently  by  one  who  took  part  in  the  expedition.  There  is  also  an 
English  version,  apparently  of  the  time  of  Richard  II.,  in  several  MSS., 
as  Harleian,  No.  1309. 

Leaving  Edinburgh,  the  army  arrived  at  Stirling  (i4th  June),  Dabber- 
den  (i4th  July),  Kintore  (aoth),  Fyvie  (2ist),  Banff  (22nd),  Cullen  (23rd), 
Enzie  (24th),  Rapenache  (25th),  Elgin  (26th),  Rothes  (29th),  Kildrummy 
(3 1st),  Dundee  (6th  August),  and  arrived  at  Edinburgh  on  i;th  August. 

The  following  are  the  two  versions  referred  to  (Itinerary,  ii.,  281) : — 

Royal  Library,  Paris :  "  Le  Vendredy  apres  ala  a  Kyncorn,  maynor  ; 
le  Samady,  a  Fyvin,  chastelle;  le  Dymenge  a  Banet,  chastelle.  Le  Lundy 
a  Incolan,  maynor ;  le  Mardy  en  tentes  en  la  mor  *  sur  la  rivere  [de 
Spe.  Le  Mescredy  passa  et  jut  de  outre  parte  de  mesme  la  rivere]  a 
Rapenache,  maynor  en  la  paiis  de  Moureve ;  le  Joefdy  a  la  citee 
d  Eiglin  f ;  bone  chastel  et  bone  ville  et  y  demoera  ij  jours.  Le 
Dymenge  a  Roseise  maynor." 

Harleian  MS.,  No.  1309:  "The  Fridaie  after  wente  to  Kyncorn, 
manner ;  the  Saturdaie  to  Fymin  castell ;  the  Sundaie  to  Banet  castell  ; 
the  Mundaie  to  Incolan,  maner ;  the  Tuesdaie  in  tentis  in  Lannoy  upon 
the  ryver  [of  Spey ;  the  Wednesdaie  he  crossed  and  lay  on  the  opposite 
side  of  the  same  river]  to  Repenache,  maner  in  the  counte  of  Morenme  ; 
the  Thursdaie  to  the  city  of  Deigin,  a  good  castell  and  a  good  toune  and 
taried  ther  ij  daies ;  the  Sundaie  to  Rosers  maner." 

Of  all  the  castles  on  the  route  through  Scotland,  the  chronicler 
designates  that  of  Elgin  alone  as  "  good."  Aberdeen  has  a  "  faire 
castell,"  and  St.  Andrews  and  Montrose  have  each  simply  "a  castell." 
The  only  towns  in  Scotland  he  considers  entitled  to  be  designated  as 
"  good  "  are  Elgin,  Aberdeen,  Montrose,  Forfar,  Perth,  and  St.  Andrews. 

There  is  no  more  notable  event  in  the  early  history  of  Elgin  than  the 
presence  in  "la  citee"  for  two  days  of  the  mighty  and  invincible  army  of 
the  English  King.  Encamped  no  doubt  on  the  wide  and  level  expanse 
under  the  shadow  of  the  Castle  Hill,  they  presented  a  sight  such  as  Elgin 
has  never  again  witnessed. 

*"En  lannoi"  (MS.  Cott.).  Hence  the  English  version  (MS.  Harl.,  1309)  reads  "in 
Lannoy."  The  place  so  designated  is  probably  the  forest  of  Awne  or  Enzie. 

t  "Deign"  (MS.  Cott.). 


10  RECORDS  OF   ELGIN. 

The  power  of  the  English  King  and  the  completeness  of  his  subjuga- 
tion of  the  country  is  exemplified  in  the  Acts  of  Fealty  and  Homage 
performed  to  him  by  the  conquered  people  along  the  route.  These  Acts 
exist  in  the  Ragman  Rolls,  preserved  in  the  Tower  of  London,  and 
have  been  published  by  the  Bannatyne  Club.  To  Elgin  came  many 
important  personages,  and  swore  fealty  to  the  King,  the  burgesses  and 
community  of  Elgin  also  giving  their  oath  of  fealty  at  the  same  time.* 

In  his  seventh  Scottish  expedition,  King  Edward  arrived  at  Edinburgh 
on  4th  June,  1303.  After  the  capitulation  of  the  garrison  of  the  Castle 
of  Brechin  he  marched  to  Aberdeen,  where  he  remained  from  the  23rd 
to  the  28th  of  August.  He  was  at  Banff  on  3rd  and  4th  September,  at 
Cullcn  on  5th,  Rathvcn  on  6th,  and  arrived  at  Elgin  on  9th,  where  he 
remained  till  the  i3th  September.  After  a  stay  of  ten  days  at  Kinloss, 
he  went  to  Lochindorb,  Mortlach  and  Kildrummic,  and  was  again  at 
Kinloss  on  loth  October.  Next  day  he  passed  through  Elgin  on  his 
march  over  the  Mounth  to  the  Mearns  and  Dundee.  There  is  no  record 
of  the  number  of  Edward's  army  on  this  occasion,  but  it  is  said  to  have 
been  beyond  all  possible  resistance.  We  know,  however,  that  he  sum- 
moned between  ten  and  twelve  thousand  men  to  muster  at  Roxburgh, 
and  that  he  had,  besides,  a  large  contingent  from  Ireland.1}- 

During  his  residence  in  Elgin  in  1303,  Edward  seems  to  have  resided 
in  the  Manse  of  Duffus,  within  the  College  of  Elgin.  John  of  Spalding 
was  then  prebendary  of  Duffus.  In  the  Register  of  the  Bishopric  of 
Moray  (p.  145)  is  a  deed  of  date  1253-1298,  whereby  he  grants  to  his 
successors  prebendaries  of  Duffus  the  manse  he  had  built  on  the  site 
bought  by  him  from  the  heirs  of  William  Utrearius.  In  the  Rolls  of 
Parliament  of  England  (Rolls,  i.,  469)  is  a  petition  in  Norman-French, 
with  a  reply  in  Latin  : — 

A1  N'RE  [A  notre]  Seygnr  [seigneur]  le  Roy  pri  son  hoste  de 
Helgyne  Johan  Despanyding  chanon  de  Elgyne  pur  [par]  Deu  [Dieu] 
qe  il  y  woylc  [voulut]  doner  vint  [vingt]  chynes  [chenes]  en  sa  Forest  de 
Laundmorgund  a  fer  [faire]  sa  eglise  dc  Duffus  dunt  [dont]  il  est  chanone. 

Responsio.     Rex  vult  quod  habeat. 

(To  our  Lord  the  King  prays  his  host  of  Elgin  John  de  Spalding  by 
the  grace  of  God  canon  of  Elgin  that  he  would  be  pleased  to  give  him 

"See  Ap|>endix  A.  t  Bain,  "The  Edwards  in  Scotland,"  p.  40. 


PRE-REFORMATION   TIMES.  II 

twenty  oaks  in  his  forest  of  Langmorn  to  repair  his  church  of  Uuffus  of 
which  he  is  canon. 

Answer.     The  King  wills  that  he  may  have  them.) 

James  II.  also  resided  in  the  Manse  of  Duffus  when  he  visited  Elgin 
in  1455. 

A  charter  of  a  very  unusual  character  was  granted  by  King  Robert  I. 
to  his  nephew,  Sir  Thomas  Ranulph,*  of  the  Earldom  of  Moray,  whereby 
the  barons  and  free  tenants  of  the  Earldom  who  held  of  the  Crown  in 
chief  should  henceforth  hold  of  the  Earl.  The  charter  also  declares 
"quod  burgi  et  burgenses  de  Elgyn,  de  Forres  et  de  Invernarne  easdem 
libertates  habeant  et  exerceant  quas  tempore  Domini  Alexandri  regis 
Scotorum  predict!  et  nostro  habuerunt  hoc  solum  salvo  quod  de  nobis 
tenebant  sine  medio  et  nunc  de  eodem  comite  tenent  cum  eisdem  liber- 
tatibus."  The  Earl  of  Moray  also  held  the  burgh  of  Lochmaben  in  the 
same  manner.  The  burgh  of  Elgin  for  a  long  period  continued  to  hold 
this  singular  relation  towards  the  Crown. 

In  the  year  1330  an  agreement  was  made  between  the  burgesses  of 
Elgin  and  the  Prior  of  Pluscarden  regarding  the  payment  by  the  former 
to  the  latter  of  certain  mill  multures,  and  providing  for  the  continuance 
of  a  like  payment  in  the  event  of  the  mills  of  Elgin  being  destroyed  by 
fire  or  any  other  accident,  or  by  a  spate  of  water.  The  original  agree- 
ment is  lost,  but  an  old  copy  on  paper  exists  among  the  burgh  records, 
much  of  it,  however,  imperfect  or  illegible,  -f- 

In  the  struggle  between  Scotland  and  England  in  the  early  years  of 
David  II.,  Andrew  de  Moravia  besieged  the  Castle  of  Lochindorb,  but 
assistance  being  asked  of  Edward,  King  of  England,  he  assembled  an 

*  Sir  Thomas  Ranulph  (or  Randolph)  was  the  only  son  of  Thomas  Randolph  of  Strathdon, 
sometime  Chamberlain  of  Scotland,  by  Isabel,  sister  of  King  Robert  I.  He  succeeded  his  father 
soon  after  1294,  distinguished  himself  in  behalf  of  Bruce's  claim  to  the  Crown,  and  was  in  com- 
mand of  the  left  wing  at  the  battle  of  Bannockburn.  He  was  created  by  the  said  King,  probably 
in  1314,  but  perhaps  as  early  as  1312,  Earl  of  Moray,  receiving  the  extensive  district  of  that 
name  with  remainder  to  the  heirs  male  of  his  tody.  This  was  the  first  Earldom  created  after  the 
extinction  (1290)  of  the  Celtic  dynasty.  From  the  tenor  of  this  charter  it  appears  that  the  lands 
(omnes  terras  nostras  in  Moravia  sicut  fuerunt  in  manibus  Domini  Alexandri  regis  Scotiae)  were 
not  formerly  an  Earldom,  for  in  the  beginning  they  are  called  the  King's  lands  in  Moray,  though 
immediately  after  the  clause  of  erection  the  lands  are  called  "comitatus,"  and  Thomas  Randolph 
is  called  "Comes."  He  signed  the  letter  to  the  Pope  as  to  the  independency  of  Scotland,  and 
was  Regent  of  Scotland  from  1329  till  his  death  in  1332.  (The  Complete  Peerage,  by  G.  E.  C., 
v-,  359-) 

t  See  Appendix  B. 


12  RECORDS  OF   ELGIN. 

army,  as  we  learn  from  Fordun,  of  20,000  men,  besides  his  Anglicised 
Scots,  of  whom  he  had  many  in  number,  and  made  in  haste  for  Scotland 
by  sea  and  land,  wishing  to  aid  the  Countess  of  Athol,  who  was  besieged 
within  the  castle,  and  to  subject  to  his  sway  these  northern  parts.  The 
King  relieved  the  Countess  and  her  ladies,  and  placed  a  strong  guard  in 
the  castle.  Then  consuming  all  Moray  by  fire,  he  arrived  at  Elgin*  in 
the  month  of  June,  1336,  and  signalised  his  passage  through  Aberdeen 
by  burning  the  town  and  levelling  it  to  the  ground.  The  march  of 
Edward  to  Lochindorb  was  not  a  little  romantic.  His  army  lay  at 
Perth  under  the  Earl  of  Lancaster.  He,  himself,  with  a  comparatively 
small  force,  set  off  for  Lochindorb,  reaching  it  within  four  days  (i2th  to 
1 5th  June).  The  King  rejoined  his  army  at  Perth  by  way  of  Elgin  and 
Aberdeen,  -f 

Adam  de  Buthergask  held  a  Justice  Aire  at  Elgin  on  loth  October, 
1337,  and  in  the  same  year  the  Sheriff  of  Elgin,  W.  de  Stratbrok,  charges 
himself  with  io6s.  8d.  received  from  the  issue  of  said  Justice  Aire,  also 
with  4  li.  6s.  8d.  from  two-thirds  of  the  "  prepositura "  of  Elgin.  The 
Rolls  show  that  there  was  then  a  King's  granary  at  Elgin  to  store  the 
payments  of  grain  in  kind,  and  to  disburse  part  thereof  in  annual  charity 
to  the  Friars  Preachers  and  others. 

S.  Ninian  was  born  on  the  shores  of  the  Solway  Firth,  and  is  said  to 
have  paid  a  visit  to  S.  Martin  at  Tours,  who  died  about  the  year  397  A.D. 
"  At  his  sacred  tomb,"  says  his  biographer,  "  the  infirm  are  healed,  lepers 
are  cleansed,  the  wicked  are  terrified,  and  the  blind  receive  their  sight." 
The  wondrous  cures  wrought  by  the  relics  of  S.  Ninian  became  known 
all  over  Europe.  James  IV.  and  James  V.  were  frequent  visitors  to  his 
shrine,  and  such  faith  had  the  common  people  in  pilgrimages  to  the 
church  of  Candida  Casa  that,  even  after  the  Reformation,  an  Act  of 
Parliament  had  to  be  passed  (1581)  prohibiting  and  making  punishable 
such  pilgrimages.  From  a  work  recently  published  by  the  Scottish  Text 
Society,  J  we  learn  that  one  of  the  miracles  wrought  by  S.  Ninian  was 
the  curing  of  John  Balormy  of  Elgin.  The  Legends  were  written  about 

'Totam  Moravian)  igne  consumens,  usque  Elgyn  pervenit  (Fordun's  "Scotichron.,"  lib. 
xiii.,  cap.  37). 

tBain,  "The  Edwards  in  Scotland,"  p.  89. 

J  "  Legends  of  the  Saints  in  the  Scottish  Dialect  of  the  Fourteenth  Century,"  edited  by 
Dr.  Metcalfe,  vol.  ii.,  p.  343. 


PRE-REFORMATION   TIMES.  13 

the  year  1400,  but  the  author  or  authors  are  unknown.  The  tale  of  John 
Balormy  appears  to  have  been  written  by  the  author  in  his  old  age, 
which  may  carry  back  the  date  of  the  incident  to  c.  1350,  and  as  the 
writer  says  he  was  acquainted  with  John,  Elgin  may  claim  a  closer 
connection  with  the  unknown  author  than  has  hitherto  been  supposed. 
Before  quoting  the  Legend,  it  may  be  observed  that  Ballormie  is  a  place- 
name  found  in  Moll's  Map  of  Scotland  (1725),  on  the  northern  shore  of 
the  once  existing  Loch  of  Spynie,  which  gives  an  additional  local 
connection  to  the  Legend,  that  the  night  the  Saint  appeared  to  John 
Bellormy  was  about  a  thousand  years  after  he  is  generally  understood 
to  have  finished  his  labours  on  earth,  and  that  John  seems  to  have  been 
afflicted  till  his  miraculous  cure  with  scrofula,  or  king's  evil.  That  was 
"the  worm." 

A  lytil  tale  zet  herd  I  tel 

That  in  to  my  tyme  befel 

Of  a  gudman  in  Murrefe  borne 

In  Elgyne  and  his  kine  bcforne, 

And  callit  vas  a  faithful  man 

With  al  thame  that  hyme  knew  than  ; 

And  this  mare  trastely  I  say, 

For  I  kend  hyme  weile  mony  day. 

Johne  Balormy  ves  his  name, 

A  man  of  ful  gud  fame. 

And  in  processe  of  tyme  tyd  hyme 

Til  haf  the  worme  in  til  his  lyme, 

And  wrocht  sa  in  his  schank  and  kne, 

That  bath  ware  thai  lyk  tynt  to  be  ; 

For  bath  thai  var  sa  swollyne 

Of  that  worme  fellone,  and  bollyne, 

And  that  syndry  holis  rynnand, 

That  one  that  syd  he  mycht  nocht  stand, 

Na  gang  na  fut  of  the  sted 

To  wyne  his  fude  na  eschew  ded. 

And  that  held  hyme  ful  thre  zere, 

Ay  were  and  were  in  that  manere, 

That  helpe  of  gris  gat  he  nane, 

Na  of  charme,  na  of  stane. 


,4  RECORDS  OF   ELGIN. 

Syne  a  tyme,  as  he  lay, 

Hyme  come  to  mynd  [that]  he  herd  say, 

That  quha  wald  Sanct  Niniane  seke 

And  to  fast  his  fasting  awou  eke 

That  he  suld  gif  thaim  thare  askynge 

Bot  it  ware  wnleful  thyng. 

Tharfor  he  awouyt,  ore  he  fayne, 

To  fast  and  sek  Sanct  Niniane 

In  hope  sic  grace  he  suld  gif  hyme 

That  he  mycht  weile  recouer  the  lyme. 

And  fra  he  sic  awou  had  made, 

Of  the  mast  redy  gud  he  hade, 

Sone  his  spending  he  can  [mak]  zare 

Thar-with  he  suld  to  Quhythorne  fare, 

And  gat  men  to  by  hyme  be, 

To  helpe  hyme  in  necessyte. 

And  quhen  this  wes  redy  made, 

He  fure  his  way  but  abade, 

And  held  one  the  nerraste  way 

Quhar  met  and  drink  ves  fundine  ay. 

And  mylys  are,  quha  cane  tel 

Fra  Eglyne,  quhar  he  can  duel, 

To  Quhythirne,  I  dare  say, 

Twa  hundre  myle  of  met  way. 

Zet  with  disese  and  payne 

Ydire  he  wane  and  ves  fayne. 

And  quhen  he  come  to  the  kirk 

Thai  tuk  hyme  of  his  hors  [ful]  irke, 

And  one  twa  handis  and  a  kne 

To  the  hye  altere  trawalyt  he, 

And  offerit  thare  :  and  men  hyme  dycht 

A  bed  to  ly  [on]  in  that  nycht. 

And  he,  that  sare  wes  and  wery, 

Slepit  oure  that  nycht  sadly. 

And  one  the  morne,  as  it  dew  day, 

Til  hyme,  that  halfly-slepand  lay, 


PRE-REFORMATION    TIMES.  15 

Sancte  Niniane  cane  apere, 

And  teyndirly  cane  at  hyme  spere 

Gif  he  in  wil  wes  to  fulfil 

The  awou  he  mad  hyme  til. 

Quod  he,  Za,  for  wa  or  weile 

He  suld  fulfil  it  ilke  deile. 

Thane  sad  Sanct  Niniane:  "Tho  I  spere, 

Thi  gud  wil  haf  I  nocht  in  were  ; 

Bot  sen  thu  has  with  gret  disese 

This  trawele  mad  me  til  enples, 

I  lat  the  wit  thu  sal  nocht 

Thi  erand  tyne  that  thu  has  thocht. 

For-thi  gang  hame,  quhen-euir  thu  wil ! 

For,  tho  thu  cume  one  hors  me  til, 

To  gang  hame  thu  sal  hable  be 

One  thi  fete  in  prosperyte, 

And  haf  thi  lyme  hale  and  lycht, 

As  euire  thu  had  in  thi  mast  mycht." 

And  as  day  come  he  fand  his  schank 

Hale  and  fere,  and  zarne  can  thank, 

God  of  his  grace  and  Sanct  Niniane, 

And  mad  this  kyd  til  mony  ane  ; 

For  bath  his  schank  and  his  kne 

Ware  als  haile  in  al  degre 

As  thai  ony  tyme  befor  wes, 

Owtane  thare  wes  les  of  flesche 

And  smallare  sum  part  but  wene 

Thane  the  todire  leg  had  bene. 

And  this  merwalle  wes  mad  kyd. 

GLOSSARY. — Awou,  vow ;  bollyne,  swollen  ;  hot,  except  ;  can,  did  ;  dew,  dawned  ;  dycht, 
made  ready  ;  enples,  please  ;  eschew  ded,  escape  death  ;  fayne,  adj.  glad  ;  fayne,  v.  ceased  ; 
fare,  go  ;  fere,  sound  ;  forthy,  therefore  ;  fure,  went ;  gris,  ointment ;  ilke  deile,  every  bit ;  irk, 
weary  ;  kyd,  to  make  known  ;  lat  thee  wit,  let  you  know ;  met,  measured  ;  Murrefe,  Moray  ; 
owtane,  except ;  schank,  leg  ;  sone,  soon  ;  stane,  certain  stones  were  supposed  to  have  the  power 
of  healing  when  applied  to  a  sore  ;  sted,  place  ;  tyd  him,  it  happened  to  him  ;  but  were,  without 
doubt ;  were  and  were,  worse  and  worse  ;  ydire,  thither  j  za,  yes  ;  zare,  ready  ;  zarne,  earnestly. 


16  RECORDS  OF  ELGIN. 

One  of  the  earliest  references  to  the  seal  of  the  burgh  occurs  in  a 
deed,*  of  date  1362-97,  whereby  the  Bishop  of  Moray  grants  to  Andrew 
Robertson  two  perticates  of  land  in  Elgin,  on  the  north  side  of  the  burgh, 
between  the  lands  of  Henry  the  glasier  on  the  east  and  west,  with  the 
croft  extending  to  the  "dede  reche"  towards  the  north.  To  this  deed 
the  common  seal  of  the  burgh  was  appended.  A  seal  of  this  period  is 
still  in  the  possession  of  the  burgh,  f 

The  Register  of  the  Bishopric  of  Moray  (p.  1 9 1 )  contains  a  protest  ( 1 369- 
94)  by  Bishop  Alexander  Bur  against  the  claims  of  John  de  Dunbar,  Earl 
of  Moray,  and  the  burgesses  of  Elgin,  regarding  their  making  use  of  the 
port  of  Spynie,  and  the  lands  of  Spynie,  Kinneddar  and  the  Inch.  The 
bishop  protests  that  the  lands  of  Spynie,  Kinneddar  and  the  Inch  have 
belonged  past  memory  of  man  to  the  bishopric  of  Moray,  that  the  port 
of  Lossy,  or,  as  it  is  otherwise  called,  the  port  of  Spynie,  and  the  fishing 
grounds  in  dispute  are  within  the  bounds  of  the  aforesaid  lands,  that  the 
bishops  of  Moray  were  wont  to  have  fishers  of  sea  fish  dwelling  in  the 
town  of  Spynie,  with  their  wives  and  families,  sailing  from  Spynie  to  the 
sea,  and  bringing  back  their  boats  and  fish  by  the  said  port,  in  name  and 
right  of  the  bishops  of  Moray,  that  Bishop  Pilmore  (1326-1362),  with  a 
view  to  improve  and  deepen  the  said  harbour,  proceeded  as  lord  of  said 
port  to  alter  the  course  of  the  stream,  and  to  sink  boats  there  for  that 
purpose,  that  he  is  prepared  to  prove  that  he  and  his  predecessors  have 
ever  had  fishers  with  cobles  or  boats  for  catching  salmon  and  grilse  and 
shell  fish  with  net  and  hook  on  the  grounds  in  dispute,  no  objection 
thereto  being  ever  raised  on  the  part  of  the  Earl  of  Moray  or  the 
burgesses  of  Elgin,  and  that  the  Kings  of  Scotland  exercised  the  same 
rights  as  the  bishop  during  vacancies  in  the  bishopric. 

The  same  Register  (p.  369)  also  gives  a  graphic  account  of  how  the  same 
Bishop,  in  1383,  arrested  a  small  ship  called  a  farcost.  It  happened  on 
Sunday,  the  seventh  of  June,  that  as  the  bishop  was  crossing  from  his 
castle  of  Kinneddar  to  the  church  of  Urquhart  over  his  water  of  Lossie 
by  the  ford  called  Krannokysford,  he  found  a  farcost  lying  in  the  said 
water,  near  the  sea.  Going  up  to  it,  he  asks  of  the  only  man  on  board 
whose  vessel  that  was,  or  by  whose  license  he  had  entered  that  water. 
The  man  replied  that  the  vessel  belonged  to  John  de  Lany,  and  that  he 
had  entered  the  water  by  leave  of  the  burgesses  of  Elgin.  The  bishop 

*  Keg.  Afar.,  p.   188.  fSee  Illustration. 


PRE-REFORMATION   TIMES.  17 

retorted  that  neither  the  burgesses  of  Elgin  nor  any  one  else  had  right 
thereto,  and  that  the  water  belonged  to  the  bishop  of  Moray,  whereupon 
the  bishop  arrested  the  vessel  and  took  a  pledge.  On  his  return  from 
Urquhart  that  Sunday  afternoon,  the  bishop  found  two  burgesses  of  Elgin, 
Philip  Bisset  and  Henry  Porter,  at  the  ship,  taking  out  of  her  barrels  of 
beer,  tallow  and  flour,  with  horses  and  sleds,  standing  on  the  bishop's 
lands  of  Kinneddar.  These  he  arrested,  together  with  the  ship  and  her 
anchors. 

John  Dunbar,  younger  brother  of  George,  Earl  of  March,  having 
become  sole  heir  of  Thomas  Randolph,  Earl  of  Moray,  and  having 
married  the  Lady  Marjory  Stewart,  daughter  of  King  Robert  II., 
obtained  a  charter  of  the  Earldom  of  Moray  from  the  King,  his  father- 
in-law  (1372),  that  Earldom  having  reverted  to  the  Crown  a  few  years 
before.  The  King  also  granted  the  Earl  a  pension  of  a  hundred  pounds 
sterling  furth  of  the  customs  of  Elgin  and  Forres. 

On  ist  May,  1390,  the  said  Earl  remitted  the  assise  of  ale  formerly 
paid  to  the  Earl's  Castle  of  Elgin,  or,  in  lieu  thereof,  loos,  out  of  the 
fermes  of  the  burgh  yearly,  in  consideration  of  the  damage  occasioned  to 
the  burgh  by  three  pestilences  and  various  violent  attacks  made  by 
different  persons.* 

But  a  greater  calamity  was  soon  to  befal  the  town.  On  the  feast  of 
St.  Botulph,  the  seventeenth  day  of  June,  1390,  Alexander,  Earl  of 
Buchan,  son  of  King  Robert  II.,  commonly  designated  the  "Wolf  of 
Badenoch,"  entered  the  town  at  the  head  of  a  band  of  wild  Highlanders, 
and  spread  almost  unheard-of  desolation  through  the  fair  city,  burning 
the  whole  town — totam  villam  de  Elgyn — the  cathedral,  the  church  of 
St.  Giles  and  the  hospital  of  Maisondieu.  The  chronicler  of  the  event 
deplores  also  the  destruction  of  all  the  books  and  charters  deposited 
within  the  cathedral.  The  "Wolf"  took  this  plan  of  revenge,  it  is  said, 
for  his  excommunication  by  the  Bishop  of  Moray,  when  he  had  seized 
some  of  the  Bishop's  domains.  He  deserted  his  wife  for  "  Mariota  filia 
Athyn,"  and  was,  on  2nd  November,  1389,  ordained  by  the  Bishop  of 
Moray  to  live  with  her,  and  became  bound  not  to  maltreat  her  under  a 
penalty  of  two  hundred  pounds.  In  the  same  year,  the  office  of  Justiciar 
north  of  the  Forth  was  taken  from  him.  He  burned  Forres  the  month 
before  he  burned  Elgin.  The  perpetrator  of  these  outrages  was  after- 

*  See  Appendix  C. 
D 


1 8  RECORDS  OF  ELGIN. 

wards  absolved  from  the  sentence  of  excommunication  at  Perth,  at  the 
door  of  the  Blackfriars  Church,  and  before  the  high  altar  thereof,  by  the 
Bishop  of  St.  Andrews,  in  presence  of  the  King,  the  Earl  of  Fife  and 
others,  on  condition  that  he  would  satisfy  the  cathedral  church  of  Moray. 
What  restitution,  if  any,  he  made,  either  to  the  church  or  the  town,  is 
not  recorded.  He  died  not  very  long  after,  in  the  year  1394,  and  was 
buried  in  ihe  choir  of  Dunkeld  Cathedral. 

There  still  rings  in  our  ears  the  touching  wail  of  the  Bishop  as  he 
pleads  to  the  King  for  the  rebuilding  of  his  cathedral  church — 

Speciale   patrie  decus,   regni   gloria,   et   delectatio    extraneorum   et 
supervenientium  hospitum,  laus  et  cxaltatio  laudis  in  regnis  extraneis. 

Equally  affecting,  no  doubt,  was  the  wail  of  the  burghers,  although 
this  has  not  been  carried  down  to  us  through  the  centuries,  as  they 
beheld  their  church,  their  hospital,  their  whole  town  recklessly  consigned 
to  the  flames.  The  King,  we  know,  for  several  years  gave  an  annuity 
of  twenty  pounds  for  rebuilding  the  cathedral,  and  it  is  pleasing  to 
remember  that  the  architectural  features  of  the  cathedral  still  remaining 
show  that  the  "  Wolf"  cannot  have  burned  all  to  the  ground. 
The  notable  event  is  thus  referred  to  by  early  writers : — 

That  ilk  yhere  eftyr  syne 

Brynt  the  kyrk  wes  of  Elgyne 

Be  wyld  wykkyd  Heland-men, 

As  wedand  in  thair  wodnes  then. 

Sum  of  thai  for  that  wes  slayne  ; 

Sum  tholyd  wengeans  and  hard  payne 

Till  thare  endyng,  but  remede. 

Fewe  war  of  tha,  that  deyd  gud  Dede. 

(Wynton,  sub.  1393,  Bk.  ix.,  xii.,  143-150.) 

Sone  efter  this  Alexander  Stewart, 
The  kingis  sone,  ane  cruell  man  of  hart, 
Erie  of  Buchane  als  in  that  tyme  wes  he, 
And  for  quhat  [caus]  I  can  nocht,  bot  I  lie 
Tell  zow  this  tyme,  with  sic  haitrent  and  ire 
That  samin  tyme  hes  he  brynt  in  ane  fyre 
Of  Murray  sait  the  greit  cathedrale  kirk. 


PRE-REFORMATION   TIMES.  Ip 

Ane  wickit  man  mon  ay  ill  werkis  wirk, 
And  for  no  caus  hot  for  the  samin  quhy, 
Becaus  the  bischop  than  did  him  deny 
All  his  desyre  and  warnit  him  his  will 
Wrganand  war  than  to  grant  him  till. 

This  Alexander,  as  that  sum  man  sais, 
Of  Badzenoch  wes  callit  all  his  dais 
The  vorax  wolf,  because  all  tyme  that  he 
Vsit  oppressioun  with  crudelitie. 
Ze  sail  nocht  fynd  in  no  storie  men  reidis 
Ony  gude  said  of  him  or  zit  his  deidis. 

From  "  The  Bulk  of  the  Chronicles  of  Scotland,  or  a  Metrical  Version 
of  the  History  of  Hector  Boece,"  by  William  Stewart,  c.  1532  (published 
1858). 

Thomas  of  Dunbar,  Earl  of  Moray,  by  deed  of  date  23rd  May,  1393, 
granted  to  the  alderman,  bailies  and  burgesses  of  Elgin  an  exemption  of 
custom  upon  all  the  wool,  cloth  and  other  things  that  go  by  sea  out  of 
"  our  "  haven  of  Spey.* 

An  interesting  charter  of  date,  23rd  July,  1393,  one  of  the  oldest  in 
the  vernacular,  is  preserved  in  the  town's  cadget.  f  By  this  charter 
Thomas  Dunbar,  Earl  of  Moray,  frees  of  custom  all  goods  exported  by 
the  burghers  from  the  port  of  Spey. 

Be  it  knawyn  tyl  al  men  thrw  yis  present  lettres  Vs  Thomayse  of 
Dunbarr  .  Eryl  of  Murreffe  .  for  tyl  hafe  grauntyt  and  gyfin  tyl  ye 
aldirman  .  ye  baylis  .  of  wre  Burgh  of  Elgyne  .  and  to  ye  burges  .  of  y' 
ilke  al  ye  wol  .  ye  clathe  and  al  vthir  thyngis  .  y'  gais  be  schipe  owte  of 
wre  hafine  of  Spec  .  vncustomyt .  ye  qwhilkis  we  hafe  consayvit  .  hurtis 
gretly  yaire  fredome  ye  qwhylkis  oysyt  It  wald  ryn  vs  to  preiedyce  .  and 
to  yaire  fredome  befornemyt .  and  yis  as  before  wyt  al  men  we  wil  nocht 
thole  .  In  ye  wytnes  of  ye  qwhilkis  thyngis  we  gerit  put  wre  seel  to  yis 
present  lettres  at  Elgyne  xxiij  day  of  ye  moneth  of  Jule  in  ye  yhere  of 
grace  .  M°.  C°C°C°.  nynety  and  thre. 

The  seal  is  gone,  but  the  charter  otherwise  is  in  good  preservation. 

*See  Appendix  D.  tSee  Illustration. 


20  RECORDS  OF   ELGIN. 

On  i6th  July,  1402,  King  Robert  III.  granted  a  warrant  under  the 
great  seal,  signed  at  Edinburgh,  to  Simon  of  Caithness,  dean  of 
Aberdeen,  and  John,  son  of  Walter,  to  ascertain  by  an  assise  of  faithful 
men  whether  the  fishing  of  the  water  of  Lossie  belonged  to  the  Earl  of 
Moray  and  his  burgesses  of  Elgin,  or  to  the  Bishop  of  Moray,  the  Bishop 
asserting  that  it  belonged  to  the  bishopric,  and  belonged  thereto  in  the 
time  of  Thomas  Ranulf,  Earl  of  Moray.* 

The  town  of  Elgin,  for  the  second  time  within  a  few  years,  suffered 
severely  at  the  hands  of  the  spoiler  and  the.  incendiary,  and  that  although 
the  perpetrators  on  both  occasions  were  specially  bound  to  defend  the 
lands  and  property  of  the  bishopric.  On  the  third  day  of  July,  1402, 
Alexander  of  the  Isles,  third  son  of  the  Lord  of  the  Isles,  plundered  the 
College  of  Elgin  of  all  valuables  he  found  therein,  burned  a  great  part  of 
the  town  of  Elgin,  and  carried  off  the  spoil  to  his  Highland  home.  He 
returned  to  the  college  with  a  large  army,  bent,  it  may  be,  on  further 
mischief,  but,  on  being  told  that  he  had  incurred  the  sentence  of 
excommunication  by  having  a  few  months  before  violated  the  special 
privileges  and  immunity  the  college  had  ever  of  old  enjoyed,  he  and  his 
men  petitioned  to  be  absolved  of  their  past  misdeeds,  which  accordingly 
was  done  by  Bishop  William  of  Spynie  at  the  door  of  the  Cathedral,  and 
thereafter  with  great  pomp  before  the  high  altar ;  and  in  token  of  his 
contrition,  Alexander  of  the  Isles  offered  a  large  torticium  ornamented 
with  gold,  his  captains  at  the  same  time  making  offerings,  and  caused  a 
cross  with  a  bell  to  be  erected  at  the  place  where  the  boundary  of  the 
sanctuary  commences  on  the  side  next  the  town.  This  place,  there  is 
every  reason  to  believe,  was  at  or  very  near  where  now  stands  "The 
Little  Cross." 

For  the  third  time,  within  little  more  than  half  a  century,  Elgin  was 
burnt.  From  Balfour's  "Annals"  we  learn  how  the  Battle  of  Brechin 
was  fought  on  Ascension  Day,  the  i8th  of  May,  1452,  between  Alexander 
of  Seton,  ist  Earl  of  Huntly,  the  King's  lieutenant,  and  Alexander 
Lindsay,  third  Earl  of  Crawford,  and  how  the  latter  was  defeated,  his 
brother,  James,  killed,  and  many  of  his  men. 

"The  earle  of  Huntley  imediatly  after  the  batell  of  Brechin  marches 
north  to  opposse  the  proceidings  of  Archbald  Douglas,  earle  of  Murray, 
quho  had  inwadit  his  landes  and  brunt  the  castell  of  Strathbolgie ;  him 

*  See  Appendix  E. 


&»J?g* 

:     f  i  a  ^t>  <o 


'l  f 

;*  -538 


^  fj' 
y,    ^r 

i    >-> 


PRE-REFORMATION   TIMES.  21 

he  chases  out  of  Murray  and  burnes  the  toune  of  Elgyne  and  he  againe 
defaitts  his  armey  at  Dinkintey  boge." 

The  earliest  Royal  Charter  now  in  existence,  or  that  has  been  in 
existence  for  many  a  year,  to  the  burgh  of  Elgin  proper,  is  that  of 
James  II.,  of  date  8th  November,  1457.  By  that  charter,  James  took 
under  his  protection  the  burgh  and  its  inhabitants,  and  all  their  privileges 
and  possessions.* 

By  that  period  the  great  Douglas  rebellion  had  been  suppressed, 
Parliament  having  passed  sentence  of  forfeiture,  in  June,  1455,  on  James, 
ninth  and  last  Earl  of  Douglas  ;  on  his  brother,  Archibald,  "  pretended  " 
Earl  of  Moray,  slain  at  Arkinholme  ;  and  on  his  brother,  the  Lord  of 
Balveny.  The  king  created  his  infant  son,  David,  Earl  of  Moray,  but 
he  died  at  the  age  of  three  years,  a  few  months  before  the  date  of  the 
charter  referred  to. 

Archibald  of  Douglas,  Earl  of  Moray,  granted  a  charter  to  the  burgh, 
engrossing  the  royal  charter  of  Alexander  III.,  which  he  also  thought 
proper  to  confirm  in  the  common  style  and  language  used  in  the  charters 
of  kings  confirming  the  grants  of  their  predecessors,  f 

The  burgh  of  Elgin  was  first  represented  in  Parliament  at  a  meeting 
held  at  Edinburgh  in  1469,  but  it  was  only  a  few  years  before  that  time 
that  burghs  began  regularly  to  sit  in  Parliament,  although  tney  were 
present  at  Cambuskenneth  in  1326,  and  on  a  few  occasions  when  money 
had  to  be  raised  ;  shires  were  not  represented  till  1 593.  Elgin  and 
Forres  had  a  joint  representative  at  the  Parliament  held  at  Edinburgh 
on  6th  October,  1488.  Thereafter  no  return  of  members  exists  till  the 
Parliament  of  i5th  December,  1567,  when  Elgin  and  Forres  sent  separate 
representatives.  The  name  of  no  member  from  Elgin  is  recorded 
previous  to  the  Parliament  held  on  2Oth  October,  1579,  when  Elgin  sent 
two  representatives,  John  Annand  and  James  Garden. 

From  the  Exchequer  Rolls  and  Lord  High  Treasurer's  Accounts,  it 
appears  that  King  James  IV.  was  present  in  Elgin  in  October,  1494, 
holding  a  Justice  Ayre,  and  thence  proceeded  to  Banff: — 

Ad  expensas  [domicilii  dom.  regis]  apud  Elgin  et  Inuernes  intrat.  [in 
Libris  ad  extra]  viimo.  Octob.  anno  nonagesimo  quarto  xij  marte  viii 
mutones  et  ad  easdem  expensas  apud  Elgin  et  Innernes  intrat.  in  libris 

*  See  Appendix  F.  t  See  Appendix  G. 


22  RECORDS  OF   ELGIN. 

viim°.  Octobris  octavo  et  vicesimo  octavo  eiusdem  anni  nonagesimi  quarti 
iiij  celd.  x  boll,  ij  ferl.  frumenti. 

Justice  Ayres.  1494.  Apud  Elgin  penultimo  Octobris.  In  primis  a 
remissioune  to  Johne  Gillemichell  and  otheris  his  complices  Ivi  li. ;  item 
to  Alexander  Cumin  of  Altyre  vi  li.  xiii.  s.  iiiid. ;  to  Androw  Fresell  and 
diuers  others  his  complices  vi  li.  xiii  s.  iiii  d.  ;  to  Duncane  Cumin  and  his 
complices  xvi  li. ;  to  Androw  Geddas  and  his  complices  xiii  li.  vi  s.  viii  d. ; 
to  Johne  Fresell  xl  s. ;  [to]  Andro  Geddes,  zounger,  x  li.  xiii  s.  iiii  d. 

A  few  years  after,  the  King  was  again  in  Elgin,  as  his  Treasurer's 
Accounts  show : — 

1457. — To  William  Balfour  in  Elgin  to  by  him  ane  hors  with  be  the 
Kingis  command,  ane  vnicorne,  ane  Scottis  crovne  ;  summa  xxxi  s.  iiijd. 

1497,  October.— To  the  feriar  of  Spey  xviii  s.     Item  to  the  King 
himself  to  the  cartis  that  he  tint  with  the  Erie  of  Lenochis  Lord  Home 
Lord  Gray  iij  vnicornes  ij  French  crownis,  summa  iiij  li.  ij  s.     Item  to 
the  Blak  Freris  of  Elgin  xiij  s.  iiij  d.     Item  to  by  bred  to  the  Kingis  hors 
ij  s.  ijd.     Item  to  mend  the  harnas  sadill  thare  xviii  d. 

1498,  July. — Rcssauit  of  the  extreits  of  the  ayres  of  Elgin  xxiii  li. 
1498,  July. — Ressauit  of  compositiounis  of  remissiounis  of  certane 

personis  in  the  Justice  aids  of  Elgin  haldin  in  Februar  the  zere  etc. 
nynte  and  vii.  :  jc.  xxviij  li.  x  s. 

1498. — To  the  schiref  of  Abirdene  to  send  the  extretis  of  the  airis  of 
Elgin  and  Banf  to  the  schireffis  of  thaim  x  s. 

The  Treasurer's  Accounts  for  the  following  years  furnish  several 
interesting  particulars.  We  learn  from  them  that  in  the  year  1501  the 
King  arrived  at  Aberdeen  on  26th  October,  that  he  was  at  Strathbogie 
on  the  28th,  and  on  the  3ist  October  he  crossed  the  Spey  and  arrived  at 
Elgin  the  same  night.  Accompanying  him  on  his  journey  was  Janet 
Kennedy,  daughter  of  Lord  Kennedy,  by  whom  the  King  had  a  son  the 
previous  year.  At  Elgin  the  lady's  heavy  baggage,  which  had  started 
before  them,  had  to  wait  till  the  Castle  of  Darnaway  was  ready  for  their 
reception.  On  the  third  of  November  the  King  arrived  at  Inverness, 
and  thence  proceeded  to  Tain,  and  was  back  to  Inverness  on  i8th 
November. 

In  the  year   1503  the  King  arrived  at  Aberdeen  on  6th   October, 


PRE-REFORMATION   TIMES.  23 

reached  Strathbogie  on  the  /th,  and  crossed  the  Spey  and  arrived  at 
Elgin  on  the  8th  October. 

1501,  November. — Item  the  first  day  [of  November]  in  Elgin  to  ane 
man  to  pas  to  Strivelin  with  ane  lettir  of  the  Kingis  to  Andro  Aytoun 
xiiij  s. 

Item  to  Thorn  Flemyng  to  bide  in  Elgin  with  the  laydis  gere  quhill 
the  place  of  Ternway  be  resavit  ix  s. 

1501,  November  18. — Item  for  carrying  of  the  ladyis  coffrez  and  hir 
gere  fra  Elgin  to  Ternway  vi  s.  viii  d. 

1501. — The  last  day  of  October  in  Elgin  to  the  kingis  offerand  to 
to  ane  preistis  first  mes  xxviii  s. 

Item  the  first  day  of  November  to  the  Freris  of  Elgin  xiiij  s. 

1 503. — Item  the  vij  day  of  October  to  the  Blak  Freris  in  Elgin  xiiij  s. 

Item  to  the  Gray  Freris  there  xl  s. 

Item  to  Schir  Andro  Makbrek  to  preistis  thare  iiij  li. 

1504,  October  22. — To  the  abbot  of  Cambuskinneth  he  gaif  the 
Freris  of  Elgin  xiiij  s. 

1501. — Item  the  secund  day  of  November  the  Lordis  passit  fra  Elgin 
to  Invernes  to  the  aire  and  wes  at  the  aids  of  Invernes,  Elgin,  Banf  and 
Aberdene.  The  aire  of  Aberdene  endit  the  xvi  day  of  December  quhilk 
is  in  the  hale  xlv  dayis  to  the  Justice  expens  ilk  day  xl  s.  summa  Ixxxx  li. 

Compositions  at  Justice  Ayres.  The  treasurer  charges  himself  with 
"  liiij  li.  xvi  s.  viii  d.  in  [partem  soljutionis  compositionum  itineris  justiciarie 
de  Elgyn  [et  For]es  tenti  xxivto.  Novembris  anno  vcj  extendentium  ad 
Ixxiiij  li.  x  s.  et  sic  de  summa  principali  restant  solvendc  ut  supra  xix  li. 
xiii  s.  iiij  d." 

The  treasurer  charges  himself  "  de  xiij  li.  de  resta  summe  xix  li. 
xiij  s.  iiij  d.  de  compositionibus  remissionum  itineris  justiciarie  de  Elgin 
tenti  anno  vc.  primo  et  restant  vi.  li.  xiij  s.  iiij  d.  cum  qua  onerandus 
est  thesaurarius." 

1501,  August  22. — Giffin  to  David  Tempilman  messengeir  passand 
to  Invernes,  Elgin,  Banf  and  Abirdene  with  the  proclamations  for  the 
airis  and  with  the  portwis  to  the  crounaris  of  the  said  boundis  xxvi  s. 

1 502,  October  7. — To  the  bote  men  of  Spey  be  the  kingis  command 
ixs. 

1502,  October  8. — Item  in  Elgin  in  Murray  to  ane  blind  harpar 
thare  be  the  kingis  command  xxviii  s. 


24  RECORDS  OF  ELGIN. 

1504,  October  19. — Item  to  the  madinnis  that  dansit  at  Elgun 
xj  s.  vi  d. 

On  nth  October,  1505,  the  King  crossed  the  Spey  on  his  way  from 
Strathbogie  Castle,  and  next  day  at  Spynie  he  was  entertained  by  the 
singing  of  maidens.  The  bishop,  Andrew  Forman,  who  was  high  in 
favour  with  the  King,  no  doubt  provided  the  entertainment  for  his  guest. 
The  Queen,  Margaret,  daughter  of  Henry  VII.,  whom  James  had 
married  in  1 503,  wrote  to  her  father,  soon  after  her  marriage :  "  My 
Lorde  of  Surrey  and  the  Bichopp  of  Murrey  ordereth  euery  thing  as 
nygh  as  they  can  to  the  kyngis  pleasur."  The  King  was  at  Darnaway 
on  the  1 3th  October,  and  again  on  his  return  on  the  2Oth  October, 
whence  he  journeyed  by  Spynie,  the  Spey  ferry  and  Strathbogie. 

In  1506,  the  King  was  at  Tain  on  loth  September,  and  journeyed 
south  by  way  of  Darnaway,  Pluscarden  and  Elgin. 

1506. — Composition  at  Ayre  held  in  1501:  Thesaurarius  onerat  se 
de  vj  li.  xiii  s.  iiii  d.  compositionum  itineris  justiciarie  de  Elgin  tenti  anno 
quingentesimo  primo. 

1505. —  Item  the  xij  day  of  October  to  the  Blak  Freris  of  Elgin 
xiiij  s.  Item  the  xxi  day  of  October  in  Invernes  to  Schir  Andro 
Makbrek  to  dispone  tharc  and  in  Elgin  vj  li. 

1506. —  Item  [the  xxij  day  of  September]  to  the  Freris  of  Elgin 
xiiij  s. 

1506,  September  18. — For  the  children  expens  in  Elgin  beand  the 
Spanzartis  clathis  thare  v  s. 

The  foregoing  entry  refers  to  nine  Spaniards  whom  the  King  brought 
from  the  Lewis,  where  probably  they  had  been  shipwrecked,  to  Inverness, 
where  he  caused  them  to  be  well  treated. 

1506,  September  21. — For  ane  hat  to  Cristofer  bocht  in  Elgin  vs. 

Christopher  was  the  heir  apparent  of  the  King  of  Denmark,  being 
the  son  of  Princess  Elizabeth,  sister  of  King  Hans.  He  succeeded 
King  Hans  as  Christian  II. 

1506,  September  21.— To  the  masons  of  Pluscardy  in  drinksilver 
xiiij  s.  Item  in  Elgin  to  the  wemen  that  sang  to  the  king  vii  s. 

Item  to  Liown  tailzour  to  fee  ane  hors  to  ane  Spanzart  from  Elgin  to 
Linlithqw  ix  s. 


PRE-REFORMATION   TIMES.  2$ 

On  another  occasion  he  passed  through  the  town  in  pilgrimage  to 
Tain  :— 

"  In  the  zeir  of  God  IM.  Vc.  zeiris  or  thairby  in  the  space  of  aucht 
dais  he  raid  to  Sanct  Duthois  his  allane  be  Abirdene  and  Elgyn  being 
ane  lang  way  and  returnit  be  the  same  way  to  the  Castell  of  Striueling, 
quhilk  wes  neuer  sene  done  be  any  king  before  nor  salbe  neuer  efter." 

Bishop  Leslie's  version  of  the  incident  is  that  on  25th  August,  1507, 
the  King  "  in  ane  day  ran  on  pilgrimage  alane  from  Stirling  through 
S.  Johnstoun  and  Aberden  to  Elgin  of  Murray  a  hunder  and  xxx  myles," 
and  on  to  "  S.  Dutha  of  Rosse." 

Letters  of  Protection  were  granted  by  Queen  Mary,  of  date  5th  July, 
'555.  to  the  Council  and  community  of  Elgin.  The  original  is  in  the 
archives  of  the  burgh,  and  is  endorsed  "  Protectio  balliuorum  consulum 
et  conburgensium  burgi  de  Elgin." 

Maria  de  gracia  regina  Scotorum  Omnibus  probis  hominibus  suis  ad 
quos  presentes  litere  pervenerint  Salutem  sciatis  nos  dilcctos  nostros 
balliuos  consules  et  inhabitantes  burgi  nostri  de  Elgin  viz.  Magistrum 
Alexandrum  Dowglas  Alexandrum  Williamsoun  Thomam  Zoung 
Johannem  Robertsoun  balliuos  eiusdem  Andream  Myln  Thomam  Vmfra 
Jacobum  Gardin  Willelmum  Gaderar  Jacobum  Pedder  Willelmum 
Smyth  Johannem  Murray  Jacobum  Stevin  Georgium  Crukschank 
Jacobum  Gadderar  Willelmum  Adame  Alexandrum  Cuming  Willelmum 
Zoung  Robertum  Mawer  Wilelmum  Hay  Johannem  Vmfra  Jacobum 
Wat  Andro  Cowy  Robertum  Straithauchin  Andream  Boyn  Jacobum 
Suthirland  Johannem  Annand  conburgenses  dicti  burgi  Willelmum 
Balmannoch  et  Jacobum  Williamsoun  terras  suas  homines  suos  et  uni- 
versas  eorundem  possessiones  ac  omnia  bona  sua  mobilia  et  immobilia 
sub  firma  pace  et  protectione  nostra  juste  suscepisse  Quare  firmiter 
inhibemus  ne  quis  eis  aut  eorum  alicui  malum  molestiam  iniuriam  seu 
grauamen  aliquod  inferre  presumat  iniuste  super  nostram  plenariam 
forisfacturam  presentibus  post  annum  immediate  valituris  In  cuius  rei 
testimonium  has  literas  nostras  sibi  fieri  fecimus  patentes  Apud  Edin- 
burgh quinto  die  mensis  Julij  anno  regni  nostri  decimo  tertio.* 

*The  original  bears  the  following  indorsation  : — "  Upoun  the  viii  day  of  July  the  zeir  of 
God  IMVC  and  Iv  zeris  I  Alexr.  Cunynhame  messenger  past  at  comand  of  thir  our  Souerane 
ladeis  letters  to  the  mercate  croce  of  Edinburgh  and  ther  be  opin  proclamatioun  maid  publica- 
tioun  of  thir  letters  to  all  and  sindrie  our  ladiis  liegis  in  forme  as  efferis.  This  I  did  befor  thir 


26  RECORDS  OF  ELGIN. 

It  was  recorded  that  King  William  the  Lion  granted  a  toft  in  the 
burgh  of  Elgin  to  the  Abbey  of  Kinloss,  and  "  unum  toftum  in  Elgin  " 
is  enumerated  among  the  possessions  of  the  Abbey  in  a  charter  by 
Richard,  Bishop  of  Moray  (i  187-1203),  taking  the  Abbey  and  their  whole 
possessions  under  his  protection.  In  Abbot  Thomas  Crystall's  time 
(c.  1500),  there  was  payable  to  the  Abbey  "e  firmis  et  annuis  in  Elgyn 
marc.  2,"  and  in  the  "  Haill  Rentall  of  the  Abbay  of  Kynlos"  (1574)  is 
included  the  following :— "  Item  the  few  lands  of  Elgin  payis  yeirlie 
xxxij  s.  iiii  d." 

The  following  "  Act  anent  maisterfull  beggars "  is  in  the  town's 
cadget.  The  original  of  date  7th  February,  1537,  is  in  very  good 
preservation,  with  the  seal  intact.  At  that  date  James  was  in  Paris,  it 
being  the  month  after  his  marriage  with  Madeleine,  daughter  of  the 
King  of  France  : — 

"  James  be  the  grace  of  God  King  of  Scottis.  To  the  provest,  bailies 
and  counsel!  of  our  burgh  of  Elgin  grcting  forsamekle  as  it  is  ordanit  be 
the  lordis  regentis  and  of  counsell  that  our  last  act  of  parliament  maid 
ancnt  bcggaris  and  rewling  of  thame  be  put  to  dew  executioun  in  all 
punctis  and  that  proclamatioun  be  maid  thairof  conforme  to  the  same  in 
all  places  of  the  quhilk  act  of  parliament  the  tenour  followis  In  our 
parliament  haldin  at  Edinburgh  the  xx  day  of  Junij  the  zer  of  God 
JM  yc  xxxv  zeris  ancnt  the  refreing  of  the  multitude  of  maisterfull  and 
strang  beggaris  It  is  ordanit  that  the  act  maid  thairupon  of  befor  be 
vmqle.  King  James  the  first  of  gud  mynde  quhom  God  assolze  be 
obseruit  kcpit  and  put  to  scharp  executioun  in  all  punctis  with  this 
additioun  That  na  beggaris  be  tholit  to  beg  in  ane  parochin  that  borne  in 
ane  vther  and  that  the  hedsmen  of  ilk  parochin  mak  and  geif  takinnis 
and  that  thai  be  sustenit  within  the  boundis  of  that  parochin  and  that 
nane  vther  beggaris  be  seruit  with  almous  within  that  parochin  bot  thai 
that  beers  that  takin  alanerly  vnder  the  pains  contenit  in  the  said  act  and 
that  our  Justice  Clerk  mak  inquisitioun  to  tak  dittay  herapoun  at  enny 
our  Justice  air  Our  Will  is  herfor  and  we  charge  zow  straitly  and 
commandis  that  incontinent  thir  our  letters  sene  ze  pass  and  in  our  name 
and  auctorite  put  our  said  last  act  of  parliament  anent  the  saidis  beggaris 

witnesis  Alexr.  Dunbar  of  Cumnok  Dauid  Nicolsoun  Duncane  Wilsoun  and  William  Patersoun 
with  vtheris  diuers  and  for  the  mair  witnessing  to  this  my  indorsatioun  my  signet  is  affixit."  A 
portion  of  the  wax  still  remains. 


PRE-REFORMATION   TIMES.  27 

and  reule  of  thame  to  dew  executioun  in  all  punctis  and  publis  and  mak 
proclamatioun  thairof  at  the  mercet  croce  of  our  said  burgh  sua  that 
nane  of  our  liegis  sail  pretend  ignorance  thairof  or  allege  that  thai  knaw 
not  the  same  in  tyme  to  cum  as  ze  will  ansuer  to  us  thairupoun  deliuering 
thir  our  letters  be  zou  deulie  execut  and  indorsat  agane  to  the  berar. 
Gevin  vnder  our  signet  at  Edinburgh  the  vii  day  of  Februar  and  of  our 
regne  the  xxiiij  zeir.  Per  dominos  consilii." 

The  Magistrates  of  Elgin  had  frequently  to  defend  their  rights  against 
the  encroachments  of  the  Sheriff  of  Elgin  and  Forres.  One  of  the 
earliest  instances  is  recorded  as  follows : — 

Double  decreit  Towne  of  Elgin  against  Alexander  Dimbar  of  Cumnock 
and  his  deputs.* 

At  Edinburgh  the  first  day  of  June  the  year  of  God  IM.VC.  and 
fourtie  years  the  lords  of  Counsell  vnder  writtin  They  ar  to  say  wenerable 
fathers  in  God  Alexander,  Commendar  of  Cambuskynnoch  president, 
Robert,  Commendar  of  Kinlois,  ane  noble  and  mightie  lord  Walter,  lord 
Sanct  Johne,  Mr.  William  Gibsone,  dene  of  Restalrig,  Mr.  William  Lamb, 
persone  of  Convith,  Mr.  John  Pethame,  personc  of  Kirk  Christ,  Mr.  John 
Sinclair,  persone  of  Snaw,  Mr.  James  Fowlis  of  Colingtoune,  clerk  of 
register,  Mr.  Thomas  Ballenden  of  Auchnowlishill  Justice  Clerk  and  Mr. 
Henry  Balnevis  of  Salhill  thesauer  clerk,  anent  our  Soweragne  lords 
letters  purchast  at  the  instance  of  the  prowcst  bailzies  counsel!  and 
comunitie  of  the  burgh  of  Elgin  againes  Alexander  Dunbar  of  Cumnock 
shereff  of  Elgin  and  Forres  and  his  deputs  that  wher  they  and  ther 
predicessors  hes  in  all  tymes  bygane  bruikit  the  friedome  and  libertie  of 
the  said  burgh  sen  thair  first  fundatioun  made  to  them  be  King 
Alexander  whom  God  assolzie  lyke  as  they  are  yet  and  the  prowest  and 
bailzies  of  the  said  burgh  ar  competent  judges  to  themselves  in  all 
actiones  concerning  the  inhabitants  of  the  samyn  and  is  in  vse  and 
possessione  thairof  nottheles  the  said  Alexander  Dunbar  shereff  forsaid 
and  his  deputs  molestis  and  daylie  inquiets  and  troubles  them  and  ther 
nighboures  and  callis  them  to  his  courts  for  actiones  depending  betuixt 
nighbour  and  nighbour  intending  him  to  be  judge  therto  and  als  calls 
them  and  so  many  of  ther  nighbours  as  he  pleases  furth  of  ther  owne 

'The  original  is  of  date  1540,  but  this  "double"  is  apparently  of  date  c.  1677. 


28  RECORDS  OF   ELGIN. 

jurisdictione  to  the  toune  of  Forres  ten  myles  distant  from  them  and 
compells  them  to  make  ther  vapinshawings  befor  them  and  gif  they 
failyie  poynds  them  and  takes  ther  vnlawes  lyke  as  they  wer  vnder  his 
jurisdictione  and  sua  comitts  comone  oppressione  upon  them  and  of  his 
autoritic  will  charge  ther  officers  and  bailzies  to  remane  in  the  tolbuith 
expres  aganst  justice  they  haweand  jurisdictione  as  others  frie  borrowes 
within  the  realme  hes  as  at  mair  lenth  is  containt  in  the  saidis  letters  the 
saidis  prowest,  bailzies  counsell  and  comunitie  compeirand  be  Mr.  Thomas 
Marjorybanks  ther  procurator  and  the  said  Alexander  Dunbar  of 
Cumnock  shcrcff  forsaid  and  his  deputs  compeirand  be  Mr.  James 
Makgill  ther  procurator  the  lords  of  counsell  decerns  and  ordains  letters 
to  be  direct  charging  the  said  Alexander  Dunbar  of  Cumnock  shereff  of 
Elgin  and  Forres  forsaid  and  his  deputs  to  desist  and  cease  fra  all  calling 
proceeding  or  vnlawing  of  the  saids  prowest  bailzies  counsell  and 
comunitie  of  the  said  burgh  but  that  they  may  vse  ther  owne  friedome 
lyke  as  others  borrowes  within  the  realme  does  conforme  to  the  acts  of 
parliament  and  borrow  lawes  and  to  ther  infeftments  discharging  them 
therof  and  of  ther  offices  in  that  pairt.  Becaus  the  said  Alexander 
Dunbar  shereff  forsaid  and  his  deput  wer  chargit  of  befor  to  hawe 
compeircd  befor  the  saids  lords  and  shawin  ane  reasonable  caus  why  the 
samyn  should  not  be  giwin  with  certificatione  to  them  as  efferis  and  the 
said  Mr.  James  Mackgill  procurator  forsaid  compeired  and  shew  na  caus 
in  the  contrair  and  was  clearlie  vnderstand  to  the  saids  Lords  . 
Extractum  de  libro  actorum  per  me  Alexandrum  Hay,  clericum 
rotulorum  registri  ac  consilii  s :  d  :  n.  regis  sub  meis  signo  et 
subscriptione  manualibus  .  Subscribed  thus  ALEXANDER  HAY. 

The  troubled  state  of  the  town  and  district  a  few  years  before  the 
Reformation  is  well  exemplified  in  the  following  extracts  from  Pitcairn's 
"  Criminal  Trials  "  : — 

'555.  April  30. — Convocation.     Oppressing  the  Laird  of  Innes. 

Alexander,  Prior  of  Pluscardin,  Mr.  David  Dunbar,  Dean  of  Murray, 
Sir  Thomas  Ross,  chaplain  and  Alexander  Dunbar,  parish  clerk  of 
Raffert  were  replegiated  by  Patrick,  Bishop  of  Murray  for  convocatioun 
of  the  lieges  and  oppressing  the  Laird  of  Innes  and  his  servants  in  the 
month  of  January  last :  Sureties— James  Dunbar  of  Tarbert,  and  Alex- 
ander Dunbar  of  Cunzie.  Gawin  Dunbar,  Rector  of  Rosmarkyne  and 


PRE-REFORMATION   TIMES.  29 

James  Dunbar  parish  clerk  of  Cumnok  were  replegiated  by  the  Bishop 
of  Ross,  the  Archbishop  of  Glasgow,  &c. 

Convocation. — Sacrilege. — Invading  the  Prior  of  Pluscarden,  &c.,  in 
presence  of  the  Holy  Sacrament.  Hurting  and  Wounding. 

May  2. — Willam  Innes  of  that  ilk  and  thirty  two  others  (including 
James  Innes  of  Monbenys,  John  Innes,  brother  of  James  Innes  of 
Dranye,  Andrew,  son  of  James  Innes  of  Lewcharis,  Andrew  Innes,  alias 
"Cow  the  jegat"  and  Andrew  Innes  called  "the  Scolar")  found  John, 
Lord  Borthuik  surety  for  their  underlying  the  law  at  the  next  aire  of 
Elgin  and  Forres  for  convocation  of  the  lieges  to  the  number  of  eighty 
persons  armed  in  warlike  manner  and  coming  within  the  cathedral 
church  of  Elgin  during  vespers  and  there  cruelly  invading  Alexander, 
Prior  of  Pluscarden,  Mr.  David  Dunbar,  Dean  of  Murray,  Alexander 
Dunbar  of  Conze,  James  Dunbar  of  Tarbert  and  sundry  others  of  their 
friends  for  their  slaughters  in  presence  of  the  Holy  Sacrament  and  also 
hurting  and  wounding  James  Dunbar,  son  of  the  Laird  of  Tarbert  and 
Alexander  Swyne  in  sundry  parts  of  their  bodies :  committed  upon 
ancient  feud  certain  purpose  and  forethought  felony  on  January  1st  last 
and  for  other  crimes  contained  in  the  Letters. 

Feud  between  the  Dunbars  and  Inneses,  &c. — James  Dunbar  of 
Terbert,  David  Dunbar  of  Bennagefeild  Jasper  VVause  of  Lochslin  and 
ten  others  found  surety  to  underly  the  law  at  the  next  Aire  of  Elgin  and 
Forres  for  convocation  of  the  lieges  in  warlike  manner  to  the  number  of 
sixty  persons  under  silence  of  night  and  coming  to  the  Cathedral  Church 
of  Murray  and  there  invading  William  Innes  of  that  ilk  and  his  servants 
for  their  slaughters  on  January  ist  last  committed  upon  ancient  feud, 
forethought  felony  certain  purpose  and  provision. 

The  Earl  of  Haddington's  MS.  Collections  (Adv.  Lib.)  furnish  a  copy 
of  the  proceedings  of  the  Justice  Aire  of  Elgin  and  Forres  held  and 
begun  at  the  burgh  of  Elgin  on  Monday,  iyth  August,  1556,  before  John 
Erskine  of  Dun,  Justice  Depute.  This  Aire  terminated  on  I7th  October, 
1556,  being  the  twenty-first  day  of  the  sittings.  The  cases  tried  at  this 
assise  were  mostly  of  a  trivial  character.  The  following  is  interesting : — 

"  Proclamatio 

"  We  command  and  charge  in  oure  sowerane  ladeis  name  hir  darrest 
moder  the  Quene  Dowariare  and  Regent  of  hir  realme  and  hir  Justice- 
Principall  and  his  Deputtis  heir  present :  That  na  manner  of  persone  or 


RECORDS  OF   ELGIN. 


persones  cummand  to  this  present  Justice-Aire  remanand  thairat  or 
passand  thairfra  invaid  ony  of  thame  vtheris  ather  for  auld  Feid  or  new, 
wnder  the  pane  of  deid  :  And  that  na  maner  of  persone  nor  persones  beir 
vther  wappinnis  hot  schort  knyffis  at  thair  beltis  except  the  Justice 
Scheref,  Crowneris  and  thair  deputtis,  officiaris,  houshold  and  servandis 
vnder  the  pane  of  escheitting  of  thair  wappinis  and  pvneissing  of  thair 
persones  wairding  or  vtherwayes  at  the  will  of  our  sowerane  ladeis 
darrest  moder  and  Justice.  And  that  all  maner  of  victuallis  be  brocht  to 
the  mercat  and  sauld  for  reddie  money  for  the  prices  following ;  and  that 
na  prices  thairof  nor  zit  the  lugeing,  bedding  stabulling  or  vtheris 
quhatsumcvir  asiamentis  and  necessaris  for  lugeing  and  furnessing  of  our 
sowerane  ladeis  leigeis  be  rasit  or  hichtit  vpone  thame ;  bot  that  the 
samen  be  sauld  and  furneissit  of  the  pryces  following  That  is  to  say  the 
laif  of  guid  sufficient  quhcit  breid  for  sustentation  of  the  Quenis  Majesteis 
Houshald  and  remanent  nobill  men  of  xxii  vnces  wecht  iiij  d. 

The  pynt  of  Burdeous  vyne  .....  xii  d. 

The  pynt  of  fine  Scherand  or  Amzcrk  vyne  .         .  xd. 

The  quairt  of  guid  aill  to  be  sauld  for    .         .         .  viiid. 

The  best  mutton  bowik  for    .....  vi  s. 

And  vther  nocht  sa  guid  to  be  sauld  vnder 
that  pryce  as  it  is  of  availl 

The  pryce  of  ane  guiss xviii  d. 

The  muirfoull         .......  iiij  d. 

The  capone  to  be  sauld  for xii  d. 

The  peiss  of  pultric         ......  vi  d. 

Gryt  chikkinis        .......  iv  d. 

The  gryse xii  d. 

Four  eggis  for        .......  id. 

The  kid  for ij  s.  iiij  d. 

The  carcage  of  the  best  beiff  to  be  sauld  for .         .       xxxvj  s. 
And  vtheris  wnder  vpone  smallar  pryces  as 
it  is  of  availl 

The  peck  of  horse  corne  that  is  guid 

The  threafe  of  fodder 


The  pund  of  candill  of  the  fynest  and  fairest  saif 
for  ......... 

The  leid  of  peittis . 


viij  d. 
viij  d. 

viij  d. 
ij  d.  ob. 


And  that  thair  be  guid  cheir  throw  all  the  toune  for  gentillmen  and  thair 


PRE-REFORMATION    TIMES.  31 

servandis  for  xii  d.  at  the  melteithe  [each  meal,  at  the  principal  meal-tide 
or  dinner].  The  furneist  bed  on  the  nycht  and  that  to  freithe  the 
chalmer  iiij  d.  [to  be  the  whole  charge  of  the  apartment].  The  stabill  fie 
for  ane  horse  xxiiij  houris  id.  Vnder  the  pane  of  confiscatioune  of  all  the 
guidis  of  the  brekeris  thairof.  And  that  nane  of  oure  souerane  ladeis 
leigis  tak  vpone  hand  to  eitt  distroy  or  stramp  doune  ony  growand 
cornes  with  thair  horssis  or  oppinlie  or  privatlie  to  carry  or  tak  away  ony 
schorne  coirnes  and  scheves  of  the  fieldis,  with  certificatioun  to  the 
awnaris  of  the  said  horse  that  it  salbe  lesum  to  the  awnaris  of  the  saidis 
coirnis  to  tak  and  hald  the  saidis  horssis  quhill  thay  be  payit  for  the  first 
fait  xs.  the  secund  fait  xxs.  and  the  thrid  fait  the  samin  salbe  escheittit 
to  our  souerane  ladeis  vse.  And  in  lykvaise  we  command  and  chairge 
all  maner  of  persones  that  nane  of  thame  tak  vpone  hand  to  scheir  ony 
growand  coirnis  with  certificatioune  to  thame  and  thay  do  in  the  contrair 
it  salbe  lesum  to  ony  persones  to  tak  and  apprehend  thame  with  the 
saidis  coirnes  and  bring  thame  to  oure  souerane  ladeis  Justice  to  be 
pvneist  with  all  rigour  conforme  to  the  lawis  and  conswetud  of  this 
realme.  And  gif  ony  persone  or  personis  brekis  this  present  Proclama- 
tioun  thay  salbe  callit  in  this  present  Justice  Aire  thairfoir  and  for 
commoun  oppressouris  of  our  souerane  ladeis  pure  leigis  thairthrow  and 
pvneist  thairfoir  to  the  rigour.  And  ordanes  the  Frovest  and  Bailzeis  of 
this  burche  to  searche  and  seik  the  brekeris  of  this  Proclamatioun  and 
bring  and  present  thame  to  the  Justice  that  they  may  be  puneist  for 
thair  demereittis  as  accordis." 

On  3ist  August,  1556,  the  Magna  Assisa  or  Grand  Jury  of  Elgin 
and  Forres — twenty-nine  in  number — included  "  William  Innes  de 
eodem,  Alexander  Gumming  de  Ernisyde,  Alexander  Sutherland  de 
Duffus,  Joannes  Annand  in  Elgin,  Andreas  Sutherland  de  Greifschip, 
Dauid  Dowglass  de  Erlismyll,  Mr.  Alexander  Dowglas,  prepositus  de 
Elgin,  Joannes  Innes,  senior,  in  Elgin,  Joannes  Hay  de  Park,  Wilelmus 
Cuming,  Wilelmus  Auldcorne,  Wilelmus  Gadderare,  burges  de  Elgin, 
Alexander  Dunbar  de  Cumnok,"  &c. 

1556,  September  2nd. — Alexander  Dunbar  of  Cumnok,  Sheriff  of 
Elgin  and  Forres,  found  James  Dunbar  of  Tarbet  cautioner  for  him 
under  the  pain  of  1000  merks  to  appear  before  the  Queen  at  Aberdeen 
on  26th  September  instant.  * 

*The  Diurnal  of  Occurrcnts  states  that  in  July,  1556,  the  Queen  Regent  "held  justice 
airis  in  Innernes  and  thairfra  in  Elgine  and  thairfra  in  Banff  and  thairefter  in  Aberdene." 


,2  RECORDS  OF   ELGIN. 

On  24th  November,  1554,  Alexander  Dunbar  of  Cumnok,  Patrick  the 
young  laird  of  Cumnok  and  thirty-four  others  were  put  to  the  horn  for 
the  slaughter  of  James  Cummyng  in  Dollacebi  achty,  son  of  Alexander 
Cummyng  of  Altyre.  Sir  Alexander  Duf,  chaplain,  was  repledged  by 
the  Bishop  of  Murray. 

On  1 2th  March,  1560-1,  James  Hay  of  Mayne,  Alexander  Guthrie  in 
Elgin  and  seven  others  burgesses  of  Elgyne  were  delated  before  the 
Lords  for  convocation  of  the  lieges  to  the  number  of  eight  score  on  the 
eighth  day  of  January  last,  and  for  setting  upon  Alexander  Robertson  in 
1'ittendreich  and  others  tenants  and  servants  to  Elizabeth  Douglas,  Lady 
of  Pittendreich,  and  hurting  and  wounding  them  to  the  great  effusion  of 
blood.  They  compeared  not  and  were  denounced  rebels. 


REFERENCES  TO  EU;IN  IN  "EXCHEQUER  ROLLS  OF  SCOTLAND" 

(1365-1560). 

Few  burghs  in  Scotland  will  search  that  important  series  of  volumes 
published  by  Government,  "  The  Exchequer  Rolls,"  without  finding 
therein  interesting  and  valuable  information  regarding  their  ancient 
history.  The  relation  of  Elgin  as  a  burgh  to  the  Crown  in  ancient 
times  was  not  favourable  to  frequent  reference  in  the  "  Exchequer 
Rolls,"  and,  so  far  as  these  Rolls  are  concerned,  the  existence  of  Elgin 
as  a  burgh  would  frequently  not  even  be  surmised.  It  is  interesting, 
however,  to  cull  such  information  as  they  contain. 

In  1365,  the  Countess  of  Moray  had  her  terce  from  the  customs  of 
Elgin  and  Inverness,  the  whole  of  which  had  belonged  under  the  charter 
of  the  Earldom  to  Thomas  Randolph  and  his  two  sons.  The  Chamber- 
lain of  Scotland  received  from  the  custumars  of  Elgin  between  the  years 
1367  and  1370  on  an  average  the  sum  of  £119  53.  6d.  yearly.  This 
custom  was  payable  mainly  from  wool,  skins  and  hides  at  the  port  or 
ports  of  Elgin.  The  receipts  from  customs  on  export  for  one  year  may 
be  given : — The  account  of  Richard  Johnson  and  Thomas  Byset, 
custumars  of  Elgyne,  from  I2th  January,  1368,  to  i6th  January,  1369, 
£83  us.  id.  from  the  custom  of  6  lasts  2  sacks  and  16  stones  of  wool ; 
£3  IDS.  from  the  custom  of  530  skins  ;  and  £29  is.  4d.  from  the  custom 


PRE-REFORMATION   TIMES.  33 

of  10  lasts  1 8  dacres  of  hides.*  No  accounts  of  the  custumars  of  Elgin 
exist  for  many  years  after  1377,  and  when  they  reappear  the  customs  are 
much  contracted  in  bulk. 

An  account  of  the  custumar  of  the  salmon  of  Elgin  was  rendered  in 
April,  1429,  and  shows  £42  as  the  custom  from  the  date  when  the 
payment  of  said  custom  was  appointed,  arising  from  9  lasts  and  6  barrels 
salmon,  Hamburg  measure,  and  9  lasts  and  8  small  barrels  of  salmon.f 
The  custumar  points  out  that  as  the  Earl  of  Moray  would  not  allow  him 
to  exact  this  custom  from  the  men  of  Moray,  the  custom  shown  was 
derived  only  from  Englishmen  and  foreigners,  j 

The  customs  of  Forres  and  Elgin  for  the  year  1430  amounted  to  only 
£12  8s.  I  id.,  mostly  contributed  by  wool  and  hides,  but  including  woollen 
cloth,  also  the  sum  of  45.  8d.  for  the  custom  of  the  skins  of  17  stags, 
50  foxes,  and  20  roedeer.§  The  next  extant  account  is  for  the  burghs  of 
Elgin  and  Forres,  for  a  period  of  nearly  two  years  preceding  July,  1435, 
but  the  custom  amounts  to  only  £18  95.  gd.  in  new  money,  and  arises 
from  3  sacks  6  stones  of  wool,  32  woolfells,  3  lasts,  17  dacres,  5  hides, 
and  some  woollen  cloth  shipped  in  two  vessels  at  the  port  of  Fyndarne. 

The  accounts  of  1459  tell  of  a  visit  of  King  James  II.  to  Ruthven  in 
Badenoch,  and  to  Kinloss  and  Aberdeen,  and  in  1460  they  refer  to  an 
intended  but  unaccomplished  journey  to  the  north,  for  which  great 
preparations  were  made :  "  pro  cariagio  de  le  maschfat  de  Elgin  ad 
Invernys  vs.  vid.,"  while  19  chalders  of  coals  (carbonum)  were  prepared 
for  the  King  at  Inverness  at  a  cost  of  IDS.  per  chalder.  But  the  King 
was  killed  on  Sunday,  3rd  August,  1460. 

In  1460  it  appears  from  the  accounts  that  a  chaplain  in  the  castle 
received  two  merks  from  "  le  Greyfschipe  de  Elgyn,"  besides  eight  merks 
he  received  from  the  lands  of  Pittendreich. 

The  accounts  of  1460  show  that  73.  was  paid  to  two  persons  to  go 
with  letters  to  Elgyn,  Kyndromy,  and  various  other  places,  to  counter- 

*  24  stones  —  i  sack  ;  10  sacks =  I  last  of  wool ;  10  or  12  hides  =  I  dacre  ;  20  dacres = i  last. 

fThe  Hamburg  barrel  paid  53.  custom,  the  small  barrel  2s.  6d.  Prior  to  1466  the  duty  on 
salmon  at  Aberdeen  was  2s.  for  Hamburg  barrel,  but  in  1466,  by  Order  of  Council,  it  was 
assimilated  to  that  of  other  ports,  viz.,  35.  a  barrel. 

JAn  Act  of  Parliament  of  1424  imposed  a  duty  of  2s.  6d.  per  pound  value  on  salmon 
"  bocht  be  strangeris  and  had  out  of  the  realm,"  but  an  Act  of  1426  declares  the  custom  to  be 
payable  by  indwellers  in  the  realm  as  well  as  by  "  fremmyt  men." 

§  The  rates  fixed  by  Act  of  Parliament  were  6d.  for  each  ten  tod  skins,  and  4d.  for  each  ten 
"  dais  and  rais  skynnis. 

F 


34  RECORDS  OF  ELGIN. 

mand  the  arrangements  for  the  king's  hunting.  Also  IDS.  paid  for 
expenses  of  masons  and  carpenters  who  went  from  Elgin  to  Inverness 
to  repair  certain  houses  against  the  arrival  of  the  king.  The  following 
entry  shows  us  how  the  king,  when  he  resided  in  the  manse  of  Duffus, 
thus  implying  that  the  castle  on  Ladyhill  was  not  then  of  much  account, 
built  a  kitchen  to  the  said  manse,  the  cooking  arrangements  of  the 
manse  being  apparently  unsuitable  for  a  king ;  how  there  were  bought 
for  the  king,  while  he  stayed  there,  stock-fish  and  peas,  and  how,  when 
the  master  of  the  house,  the  rector,  Master  David  Stewart,  was  abroad, 
the  house  took  fire  and  was  burned  down,  and  the  king  had  to  look 
out  for  other  lodgings : — 

1458.  "Pro  fabrica  coquine  pro  domino  rege  in  manso  de  Duffous 
infra  collegium  cathedralis  ecclesie  de  Elgin  403.  Et  allocate  eidem  pro 
piscibus  qui  dicuntur  stokfisch  et  tribus  bollis  pisarum  emptis  per 
compotantem  ad  expensas  domicilii  domini  regis  et  combustis  in  manso 
compotantis  tcmpore  residencie  sue  extra  regnum,  domino  rege  residente 
in  dicto  manso  de  Dufhous  4  li.  153.  Et  pro  una  celdra  et  una  bolla  salis 
albi  de  granario  emptis  per  compotantem  a  Johanne  de  Camera  de  Elgin 
pro  lardaria  domini  regis  facta  in  dicto  manso  de  Dufhous  3  li.  8s.  Et 
pro  viginti  bollis  salis  albi  emptis  per  compotantem  a  magistro  Ricardo 
Forbas  ad  eandem  lardariam  precium  bolle  quatuor  solidi  4  li.  Et  pro 
septem  martis  emptis  per  compotantem  a  collonis  de  Ardmanach  cum 
coriis  ad  eandem  lardariam  cum  cariagio  et  sumptibus  manancium  et 
locatis  ut  asserit  compotans  in  dicta  lardaria  5  li.  33.  4d."  (Vol.  VI.,  p.  483.) 

In  view  of  the  long  and  close  connection  of  the  Earls  of  Moray  with 
the  burgh  of  Elgin  in  former  times,  the  following  notes  from  the  Preface  to 
Vol.  VI.,  p.  cxxxiii.,  "  Exchequer  Rolls,"  will  be  found  interesting  and 
valuable : — The  territory  erected  by  Robert  Bruce  into  an  earldom  in 
favour  of  his  nephew,  Thomas  Randolph,  comprised  the  larger  part  of 
the  modern  counties  of  Elgin,  Nairn  and  Inverness.  The  burghs  of 
Elgin,  Forres  and  Nairn  were  expressly  granted,  reserving  the  liberties 
of  the  burgesses,  who  were  to  hold  of  the  Earl  instead  of  the  King. 
The  Earldom  of  Moray  bestowed  by  Robert  II.  on  his  son-in-law,  John 
Dunbar,  in  1372,  was  rather  more  limited  in  extent.  Earl  John  was 
succeeded  by  a  son  and  grandson,  and  then  by  another  grandson,  son  of 
his  younger  son,  Alexander  Dunbar  of  Frendraught.  This  last  Earl 


PRE-REFORMATION   TIMES.  35 

James,  who  died  near  the  end  of  the  reign  of  James  I.,  had  two  daughters, 
Janet,  wife  of  the  eldest  son  of  Chancellor  Crichton,  and  Elizabeth,  who 
married  Archibald  Douglas,  third  son  of  the  seventh,  and  brother  of  the 
eighth  and  ninth  Earls  of  Douglas.  In  terms  of  the  investiture,  the 
Earldom  would  have  been  inherited  by  the  elder  sister  Janet,  but  we  in 
the  first  instance  find  the  husband  of  the  younger  sister,  Archibald 
Douglas,  designed,  whether  in  his  own  right  or  his  wife's,  Earl  of 
Moray,  1449,  1451  and  1453  (in  the  last  case  the  name  may  have  been 
merely  transcribed  from  the  former  documents).  The  death  of  William, 
Earl  of  Douglas,  by  the  king's  hand  in  1451-2,  led  to  open  hostilities 
between  the  king  and  the  Douglases,  and  at  the  Parliament  of 
June,  1452,  Sir  James  Crichton,  husband  of  the  elder  sister,  was 
"  belted  "  Earl  of  Moray.  The  Earl  of  Douglas's  submission  was  on 
28th  August  following,  and  his  brother  seems  at  the  same  time  to 
have  repossessed  himself  of  the  Earldom  of  Moray,  though  not  without 
his  right  being  disputed.  On  I2th  May,  1453,  Archibald  Douglas,  Earl 
of  Moray,  is  included  in  a  safe  conduct  to  his  brother,  but  James,  Lord 
Crichton,  is  called  Earl  of  Moray  in  the  Exchequer  Accounts,  July,  1454, 
and  after  his  death  in  1456.  But  the  actual  possession  of  the  Earldom 
seems  to  have  continued  throughout  with  Archibald  Douglas,  who  fell  at 
Arkinholm,  ist  May,  1452.  Nineteen  days  after  Arkinholm  his  widow, 
Elizabeth  Dunbar,  agrees  to  marry  the  Master  of  Huntly  (the  common 
genealogies  make  her  his  niece,  but  the  editor  doubts  if  Lady  Janet 
Gordon  was  her  mother),  but  the  marriage  was  dissolved  for  attainder 
being  pronounced  against  Archibald  Douglas,  her  possessions  were 
escheated,  and  the  King  bestowed  the  Earldom  on  his  infant  son,  David. 
The  Countess  married  (3)  Sir  John  Colquhoun  of  Luss. 

The  issues  of  the  Chamberlain  ayre  in  Elgin  in  1435  amounted  to 
£3  6s.  8d.  No  Exchequer  accounts  are  extant  for  Elgin,  Forres  or 
Nairn  for  the  period  1437-1454. 

Mr.  David  Stewart,  the  King's  Chamberlain  north  of  Spey,  charges 
himself  in  his  accounts  for  the  period  loth  February,  1455-6,  to  22nd 
September,  1456,  with  eight  pounds  from  the  lands  of  the  Greveschip  of 
Elgin,  33.  4d.  from  the  lands  of  Schetingacres,  33.  4d.  from  Lynthalch, 
and  53.  from  the  eight  crofts  of  Elgyn.  The  accounts  for  1456  show  a 
yearly  payment  of  405.  from  the  fermes  of  the  burgh  of  Elgin,  in  terms 
of  the  foundation  of  Alexander  II.,  to  a  chaplain  in  the  cathedral  church 


36  RECORDS  OF  ELGIN. 

of  Moray  to  pray  for  the  soul  of  King  Duncan,  and  also  a  payment  of 
five  pounds  from  the  same  source  to  the  chaplain  of  the  Blessed  Virgin 
Mary  in  the  chapel  of  the  Castle  of  Elgin.  The  latter  chaplain  was  also 
paid  yearly  the  sum  of  35.  6d.  from  the  "  acres  of  Elgyn  "  for  bread,  wine 
and  wax. 

The  Chamberlain's  account  for  the  period  from  Whitsunday,  1456,  to 
loth  July,  1457,  contains  the  following  entry:  "allocate  compotanti  pro 
amphoris,  pipis,  ciphis  et  aliis  vasis  ligneis  emptis  per  eum  ad  usus 
domini  regis  et  repositis  in  mansione  sua  pro  domino  rege  et  combustis 
ibidem  temporc  quo  dominus  rex  fuerat  ultimo  apud  Elgyn  403." 

The  King  spent  a  great  part  of  the  years  1457  and  1458  north  of 
Spey,  chiefly  at  Kinloss,  Spynie,  Elgin  and  Inverness.  He  was  present 
during  that  time  at  Justice  Ayres  in  Elgin  and  Inverness,  and  was 
resident  for  some  time  in  the  manse  of  Duffus  within  the  College  of 
Elgin. 

In  1459,  Thomas  of  Carmichael  and  Lord  Glammis  came  to  Elgin  to 
let  the  King's  lands,  and  about  the  same  year  it  is  recorded  that  ships 
took  corn  from  Fynderin  and  Lossy  to  the  port  of  Leith.  In  early  times 
wheat  and  salmon  was  mostly  exported  to  Leith  from  this  district.  The 
"Ledger  of  Andrew  Halyburton  (1492-1503),"  shows  that  salmon  was 
also  exported  at  that  period  to  the  Netherlands  from  Elgin,  the  chief 
place  of  export  being,  however,  Aberdeen. 

The  Chamberlain  of  Moray,  James  Douglas,  charges  himself  with 
eight  pounds,  being  the  whole  rents  of  the  burgh  of  Elgin  from  4th 
October,  1466,  to  8th  June,  1467. 

In  1476,  James  Douglas,  custumar  of  the  burghs  of  Elgin  and  Forres, 
charges  himself  with  twenty  pounds,  being  the  custom  of  salmon  carried 
beyond  the  kingdom  for  two  years  past.  What  the  custumar  accounts 
for  the  following  year  is  the  custom  of  13  dacres  8  hides,  .£1  i6s.  8d., 
but  for  the  year  ending  i8th  July,  1478,  he  charges  himself  with  10 
dacres  hides  (£i  6s.  8d.),  and  u  lasts  4  Hamburg  barrels  salted  salmon, 
£20  8s.  Total,  £,21  143.  8d.  Next  year,  24  lasts  of  salted  salmon  were 
exported,  and  of  that  number  the  custom  of  7  lasts  was  remitted  to 
Thomas  Tod,  moneyer,  to  release  the  King's  silver  articles  out  of  pawn. 
In  1478,  salmon  were  ordered  to  be  packed  only  in  barrels  of  Hamburg 
measure  (12  barrels  =  i  last),  and  in  1487  it  was  ordained  that  each  barrel 
should  contain  14  gallons.  For  the  year  ending  27th  July,  1480,  15  lasts 


PRE-REFORMATION   TIMES.  37 

6  barrels  of  salmon,  Hamburg  measure,  were  customed  at  the  burghs  of 
Elgin  and  Forres,  and  carried  beyond  the  kingdom.  In  1485,  the 
Chamberlain  of  Moray  charges  himself  with  155.  jd.,  "de  firmis  novem 
croftarum  de  Elgin,"  "et  de  13  li.  6s.  8d.  de  Grefschip  de  Elgin  que  sunt 
firme  burgales  dicti  burgi."  The  burgh  fermes  remained  unchanged  in 
1493,  but  appear  in  1501,  perhaps  by  mistake,  as  13  li.  us.  8d.  It  is 
noted  in  the  "  Rolls  "  about  this  time  that  James  Douglas  of  Pittendreich 
"has  had  and  exersit  the  office  of  Chaumerlanery  of  oure  lordschip  of 
Murray  this  lang  tyme  bypast." 

Sir  James  Dunbar  of  Westfield  was  custumar  of  Elgin,  Forres  and 
Inverness,  and  all  he  has  to  account  for  from  these  burghs  in  1502 
was  of  hides  i  last  17  dacres  5  hides  (£5),  and  14  lasts  u  barrel  salmon 
(^35  1 6s.).  Total,  £40  i6s.  The  custom  of  3000  cod  in  the  year  1504 
amounted  to  ^3. 

The  expenses  for  the  provision  of  the  king  at  Elgin,  Forres,  Inver- 
ness and  Darnaway  appear  in  the  account  of  Walter  Ogilvie  of  Boyne, 
Chamberlain  of  Moray,  of  date  yth  August,  1502.  The  expenses  of  the 
king  in  Elgin,  Inverness  and  Dingwall  in  October,  1503,  amounted  to 
24  bolls  wheat,  although  the  king  "  minime  remansit  in  dictis  locis." 
Included  in  the  expenses  of  the  king's  house  in  Elgin  prior  to  9th  July, 
1504,  is  the  following:  "2  marte  2  quarteris  2  mutones  unacum  quinque 
duodenis  pultriarum."  Also  us.  for  wild  birds  bought  for  the  king's 
house  in  Elgin,  also  the  custom  of  3  lasts  6  barrels  salmon  of  the  fishing 
of  Spey  let  to  the  burgesses  and  community  of  Elgin. 

The  accounts  of  the  Chamberlain  of  Moray  for  the  year  preceding 
July,  1508,  contain  payments  as  before,  viz.,  403.  to  a  chaplain  to  pray 
for  the  soul  of  King  Duncan,  five  pounds  to  the  chaplain  in  the  castle, 
these  payments  being  both  from  the  fermes  of  the  burgh,  also  33.  6d.  to 
the  latter  chaplain  from  "  the  acres  of  Elgin  "  for  bread,  wine  and  wax, 
also  the  customary  payment  to  the  Mair  of  Elgin. 

There  were  also  paid  to  the  "  husbandi "  of  Elgin  and  Forres  for 
9  marts  and  16  sheep  as  expenses  of  the  king  on  his  pilgrimage  to 
St.  Duthac  ;  two  chalders  wheat  to  the  Friars  Preachers  ;  10  bolls  to  the 
Friars  Minorites  and  for  expenses  of  the  King  at  Dernway  and  Elgin  in 
the  time  of  his  pilgrimage  to  St.  Duthac  ;  and  10  bolls  barley  to  the 
Friars  of  the  Observance  at  Elgin. 


38  RECORDS  OF  ELGIN. 

igth  July,  1509,  to  2nd  August,  1510:  Expenses  of  the  King  and 
Queen  at  Elgin  when  they  went  towards  St.  Duthac  last  Pasch, 
£7  I2s.  lod. ;  malt  for  the  provision  of  the  King  and  Queen  in  March, 
1 509,  in  Elgin  when  they  came  to  the  North,  extending  to  24  barrels  ale 
—2  chalders  10  bolls  2  fi  riots  barley.  The  price  charged  for  a  sheep  was 
I2d.,  and  for  a  mart  45.  6d.  to  53. 

Two  Crown  Commissioners — Andrew,  Bishop  of  Caithness,  treasurer, 
and  Archibald,  Earl  of  Argyle— came  to  Elgin,  and  on  8th  June,  1511, 
granted  tacks  for  five  years  of  the  possessions  of  the  Earldom  of  Moray, 
including  the  greifschip  of  Elgin,  set  for  £13  6s.  8d.,  of  which  it  is  said, 
"clamatum  in  feodifirma  per  burgenses  et  communitatem  de  Elgyne  et 
assignatur  ipsis  decimus  quintus  dies  Julii  proxime  futuri  ad  ostendendum 
eorum  infeodationem  in  scaccario  aut  solvere  firmam  in  margine  cum  20 
marcis  dc  grassuma." 

The  payments  made  for  the  year  1514  arc  similar  to  those  for  1508 
(supra).  They  include  from  the  greifschip  of  Elgin  and  to  the  chaplain 
celebrating  in  the  chapel  within  the  castle  of  Elgin,  ten  merks  from  the 
lands  of  Pcttindreich  and  greifschip  by  foundation  of  James  Dunbar, 
Earl  of  Moray ;  to  the  Bishop  of  Moray  for  the  site  of  Schirefmyll  in 
terce  of  Duffus  and  annual  rent  of  Caldcottis,  333.  $d. ;  to  the  mair  of 
Elgin,  a  hereditary  office,  £2  ;  to  the  Friars  Preachers  of  Elgin,  two 
chalders  wheat ;  and  to  the  Friars  Minorites,  10  bolls  wheat  and  10  bolls 
barley. 

It  is  noted  in  the  "Rolls,"  under  the  year  1522,  that  the  reddendo  of 
the  lands  of  Burdsyards  is  the  supplying  a  horse  to  the  King  when  he 
rides  from  the  burgh  of  Forres  to  Elgin  Castle. 

The  non-appearance  of  Elgin  in  the  "  Exchequer  Rolls "  is  thus 
explained  sub  1523: — It  is  to  be  noted  that  the  baillies  of  Elgin  and 
Forres  did  not  render  an  account  of  burghal  fermes  for  many  years 
before  Floddcn,  nor  even  yet,  which  burgh  fermes  belonged  before  said 
battle  to  the  King,  and  now  after  said  battle  the  said  fermes  belong  to 
the  Earl  of  Moray  by  infeftment  made  by  James  IV.  to  the  said  Earl, 
his  natural  son,  as  appears  by  letter  under  the  Great  Seal  (propterea 
ballivi  dictorum  burgorum  minime  veniunt  onerandi  post  dictum  bellum 
de  dictis  firmis). 

This  also  explains  why  no  payments  appear  in  the  "  Rolls  "  as  made 
to  the  Friars  and  others  about  this  time. 


PRE-REFORMATION   TIMES.  39 

There  is  no  appearance  of  Elgin  in  the  "  Exchequer  Rolls "  from 
1529  to  1555.  In  October  of  the  latter  year  the  account  of  the  bailies  of 
the  burgh  was  rendered  at  Edinburgh  by  William  Gadderar  for  the  pre- 
ceding twelve  months,  as  follows : — 

Charge: — Burgh  fermes  by  feu  charter,  £13  6s.  8d. 
Discharge : — To  chaplain  in  Cathedral  Church  of  Moray,  403. ;  to 
Comptrollers,  £11  6s.  8d.     Sum,  £13  6s.  8d. 

The  account  of  the  custumar  of  Moray  and  of  the  ports  of  Findhorn 
and  Spey  from  22nd  September,  1555,  to  i6th  December,  1556,  is  as 
follows : — 

Charge: — Custom  of  100  woolfells,  135.  4d.  ;  of  300  schorlings,  2os. ; 
of  2  lasts  7  dacres  hides,  £6  53.  ^d. ;  of  450x3  cod,  £9;  of  116  lasts 
2  barrels  salmon,  £326  i6s.  Sum,  £343  143.  8d. 

One  cannot  but  watch  with  interest  the  entries,  especially  those  of  an 
ecclesiastical  character,  in  the  "  Exchequer  Rolls "  immediately  before 
the  Reformation.  The  date  usually  assigned  to  the  Reformation  is 
25th  August,  1560,  but  a  year  or  two  before  that  date  ominous  signs 
begin  to  appear  in  the  "  Rolls'"  such  as  payments  that  were  formerly 
made  out  of  customs  or  burgh  maills  to  religious  houses,  now  ceasing  to 
be  paid  thereto,  and  thus  falling  to  the  Crown. 

In  1557  the  sum  of  403.  was  paid  as  usual  to  the  chaplain  in  the 
cathedral,  but  there  are  no  entries  referring  to  the  chaplain  in  the  castle, 
&c.  The  account  of  the  custumar  of  Moray  rendered  in  1558  for  one 
year  and  seven  months  shows  a  total  charge  of  .£705  153.  4d.,  consisting 
of  .£701  as  the  custom  of  252  lasts  I  barrel  of  salmon  customed  at  the 
ports  of  Spey  and  Findorne ;  53.  4d.  of  2  dacres  hides  ;  £4  IDS.  of 
7  lasts  6  barrels  cod. 

William  Ogilvy,  Chamberlain  of  Murray,  for  the  period  December, 
1556,  to  September,  1558,  made  the  following  payments  :  to  five  chaplains 
in  the  chapel  of  St.  Thomas  the  Martyr  in  the  Cathedral  Church  of 
Moray,  by  the  foundation  of  Thomas  Ranulph,  Earl  of  Moray,  and 
confirmation  of  King  Robert  I.,  ^23  133.  4d.  yearly;  to  Sir  Thomas 
Barclay,  chaplain,  £10  yearly,  his  pension  by  old  foundation  ;  to  the 
Friars  Preachers  of  Elgin,  by  ancient  royal  gift,  4  chalders  wheat  for  the 
two  years ;  to  the  Lesser  Friars  of  the  Observance  of  Elgin,  10  bolls 


4O  RECORDS  OF  ELGIN. 

wheat  yearly  allowed  by  the  King  is  for  the  period  of  the  account 
I  chalder  4  bolls  ;  and  also  to  them,  10  bolls  bear  annually  for  the  period 
of  account  I  chalder  4  bolls. 

Account  of  the  baillies  of  the  burgh  of  Elgin  from  6th  August,  1558, 
to  2nd  September,  1559:— Charge,  £13  6s.  8d.  burgh  fermes  by  feu-charter. 
Discharge,  To  chaplain  in  the  Cathedral  Church  of  Moray,  2OS.,  to  comp- 
troller, £11  6s.  8d.  Sum,  £13  6s.  8d. 

Account  of  Alexander  Anderson,  custumar  of  Murray,  from  3rd 
October,  1558,  to  roth  September,  1559:— Charge,  535.  4d.  custom  of 
400  woolfells  customed  at  the  ports  of  Spey  and  Fynderne ;  403.  of 
600  schorlings;  35.  4d.  of  200  gaitskynnis ;  £341  8s.  of  122  lasts  3 
barrels  salmon.  Sum,  £346  43.  8d. 

Account  of  the  baillies  of  Elgin  from  2nd  September,  1559,  to  5th 
November,  1 560 :— Charge,  as  before,  £13  6s.  8d.  Discharge,  To 
comptroller,  £11  6s.  8d.  Balance,  403.  Henceforth  there  are  no  pay- 
ments to  the  chaplains. 

The  Chamberlain  of  this  time  does  not  appear  to  have  been  very 
punctual  in  making  payments,  as  the  following  entry  shows : — 

At  Edinburgh,  2;th  September,  1558,  Compeared  before  the  Lords 
of  Council  William  Ogilvy  of  Alaneboy,  chamberlain  of  Murray,  and 
became  bound  to  pay  to  Friar  John  Black,  Preacher,  conform  to  the 
comptroller's  precept,  direct  to  the  said  William  Ogilvy,  the  sum  of  £20 
within  twenty  days,  under  the  pain  of  rebellion  and  putting  to  the  horn. 

The  following  petition  is  written  at  the  end  of  the  "  Exchequer  Roll," 
with  the  account  of  the  baillies  of  Elgin  for  the  period  from  24th  October, 
1561,  to  8th  November,  1562.  It  belongs,  however,  to  the  period  of 
Murray's  regency : — 

"  My  Lord  Regent :  Unto  your  grace  humlie  menis  and  schawis  the 
provest  and  baillies  of  the  burgh  of  Elgyn,  that  quhair  we  ar  detbund  to 
your  grace  in  tuentie  markis  of  yeirlie  dewtie  callit  greveschip  males  to 
the  Erledome  of  Murray,  quhairof  we  maid  payment  to  your  grace 
predicessouris,  erles  of  the  said  erledome  for  the  tyme,  and  had  no  forder 
charge  nor  cummer  thairfor  nothair  in  the  chakker,  nor  utherwys,  and 
the  said  erledome  cumand  in  the  quenis  grace  handis  we  maid  payment 
of  the  said  sowme  yeirlie  in  the  chakker  quhill  your  grace  wes  promotit 
to  the  said  erledome,  and  sen  syne  have  maid  payment  thairoff  yeirlie  to 


,t&C VWf»»£  «  l»  '«&» 


*M*i&QaB** 

X7  yi  /  A 


|.:^<'   ..  ''•? 
y  i'-:.,.-;,  •,. 

'      •-'.''.      ;•• 


-         ,      •         -    -i.  • 

•   • 

v  '  -      , 


' 

'•   '?• 
<--<-C  ^-  - 

-^•^^fr-*-'- 


M**tfriH<».Y  W 

'  ^^-Sfcl 


CHARTER   JOHN   DUNBAR.  EABL  OF   MORAY. 
TO  THE   BURGH   OF  ELGIN     1390. 


PRE-REFORMATION   TIMES.  41 

your  grace  and  chalmerlanis ;  hot  nevertheles  ar  burdenit  to  compeir 
yeirlie  in  the  chakker  thairfor  and  gif  compt  thairof  and  tak  allowance 
of  the  samin  upone  your  chalmerlanis  acquittanis,  albeit  of  before  in 
your  predicessouris  tymes  we  had  na  forder  cummer  nor  travaill  bot 
onlie  to  mak  payment  at  hame  to  the  chalmerlane,  quhilk  is  far  utherwys 
now,  and  drawis  ws  yeirlie  to  grete  cummer  and  travaill  to  compeir 
yeirlie  in  the  chakker  and  tak  allowance  of  our  payment  maid  at  hame, 
as  we  never  usit  in  ony  erlis  tyme  of  befoir  and  thairfor  now  in  your 
grace  tyme  aucht  and  suld  of  equitie  be  relevit  of  that  yeirlie  travell  and 
cummer  to  the  chakker,  we  having  na  uthir  thing  ado  thairin  bot  that 
onlie  dewitie  ;  beseiking  heirfor  your  grace  in  consideratioun  of  the 
premissis  to  caus  the  lordis  of  chakker  deleit  our  oneratioun  of  the  said 
sowme  furth  of  the  rollis  sua  that  we  be  nocht  contrynit  to  anser  forder 
in  the  chakker  thairfor  in  tyme  cuming,  according  to  equitie  and  ressone  ; 
and  your  grace  anser  humlie  we  beseik.  Apud  Edinburgh,  ix°  Januarii, 
anno  1567. — Ordanis  the  lordis  auditouris  of  the  chekker  to  deleit  the 
charge  withinwrittin  furth  of  the  rollis  or  than  to  report  sum  resonable 
caus  to  his  grace  quhy  the  samin  suld  nocht  be  done. — JAMES  Regent." 
In  respect  of  this  deliverance  and  ordinance  the  lordis  of  the  chekker 
ordanis  to  deleit  the  calling  of  the  baillies  of  Elgin  for  their  burrow  malis 
in  tyme  cummyng.  Clericus  registri. 


REFERENCES  TO  ELGIN  IN  THE  REGISTER  OF  THE  GREAT  SEAL 

(1306-1560). 

The  earliest  reference  to  Elgin  in  the  Register  of  the  Great  Seal  is  of 
date  5th  January,  1362,  when  David  II.,  who  was  then  at  Spynie,  ratified 
a  grant  made  by  Patrick,  Earl  of  March  and  Moray,*  to  William  de 

*  "  Patrick,  tenth  Earl  of  March,  signed  the  letter  to  the  Pope,  asserting  the  Independency 
of  Scotland  in  1320.  He  married  Agnes,  daughter  of  Thomas  Randolph,  Earl  of  Moray, 
Governor  of  Scotland,  sister  and  at  last  sole  heiress  of  John,  Earl  of  Moray,  and  in  her  right  he 
was  afterwards  designed  Earl  of  Moray.  He  was  chosen  Governor  after  the  death  of  Thomas, 
Earl  of  Moray"  (Douglas's  Baronage).  The  elder  brother  of  the  aforesaid  Agnes,  Thomas, 
second  Earl  of  Moray,  held  the  title  only  twenty-three  days,  having  been  killed  at  the  Battle  of 
Dupplin,  I2th  August,  1332.  Her  younger  brother,  John,  third  Earl  of  Moray,  was  killed  at 
the  Battle  of  Durham,  i;th  October,  1346.  Agnes,  Countess  of  Dunbar  and  March,  then 
succeeded  her  brothers,  having  left  no  issue.  .  Sir  David  Lindsay  in  his  Heraldry  states  that  Vaus 
was  "one  of  the  surnames  of  thame  that  came  furth  of  Ingland  with  St.  Margaret,"  the  wife  of 
Malcolm  Canmore. 


42  RECORDS  OF  ELGIN. 

Vaux  or  Vaus,  of  the  offices  of  Sheriff  and  Constable  of  Elgin  :— 

"  Carta  Domini  Willielmi  dc  Vallibus.  Dauid  dei  gracia  Rex  scot- 
torum  Omnibus  etc.  Sciatis  nos  approbassc  Ratificasse  etc.  donacionem 
et  concessionem  illam  quas  Patricius  Comes  Marchie  et  Morauie  fecit  et 
conccssit  Willielmo  de  Vallibus  de  officiis  vicecomitatus  et  constabularie 
de  Elgine  cum  eorum  pertinentiis  vniuersis  Tenend.  et  habend.  eidem 
Willielmo  et  heredibus  suis  in  feodo  et  hereditate  adeo  libere  etc.  Sicut 
carta  siue  litere  predict!  Comitis  predicto  Willielmo  de  dictis  officiis 
factac  in  se  plenius  iuste  continent  et  proportant  saluo  seruicio  nostro  .  . 
In  cuius  Rei  etc.  Apud  spyny  quinto  die  Januarij.  Anno  Regnj  nostri 
xxxiij0." 

On  2Oth  April,  1367,  David  II.  at  Edinburgh  ratified  and  confirmed 
a  charter  of  King  Alexander  III.,  whereby  the  latter  King  at  Kintore 
on  the  29th  March,  1285,  less  than  a  year  before  he  met  his  death  near 
Kinghorn,  granted  to  the  Black  Friars  of  Elgin  two  chalders  of  wheat, 
two  chalders  of  barley,  and  one  chalder  of  malt  yearly  from  the  fermes 
of  the  bailliary  of  Elgin.* 

Robert  II.  granted  to  John,  Earl  of  Moray ,f  for  good  service  done 
and  to  be  done  to  the  King,  the  sum  of  one  hundred  pounds  sterling 
yearly  from  the  great  custom  of  the  burgh  of  Aberdeen,  to  be  held  by 
the  said  Earl  and  his  spouse,  Marjory,  daughter  of  the  King,  and  their 
heirs,  in  fee  and  heritage,  the  reddendo  being  a  pair  of  gilt  spurs.  The 
King  afterwards,  on  6th  January,  1385,  substituted  Elgin  and  Forres  for 
Aberdeen  in  the  aforesaid  grant,  so  that  thereafter,  as  he  intimated  by 
letter  of  same  date  to  his  son,  the  Duke  of  Albany,  Chamberlain  of  the 
Kingdom,  the  said  grant  was  directed  to  be  paid  furth  of  the  customs  of 
the  burghs  of  Elgin  and  Forres.  J 

*  See  Appendix   1 1. 

t "  John  Dunbar,  younger  brother  of  George,  Earl  of  March,  or  Dunbar,  being  2nd  son  of 
Sir  Patrick  Dunbar  by  Isabel,  youngest  of  the  two  (laughters  and  co-heirs  (her  issue  before 
November,  1368,  becoming  sole  heir)  of  Thomas  (Randolph),  1st  Earl  of  Moray,  having 
married  (dispensation,  nth  Tuly,  1370)  the  Lady  Marjory  Stewart,  daughter  of  King  Robert  II. 
by  his  first  wife  Elizabeth,  daughter  of  Sir  Adam  Mure,  obtained  a  charter  of  the  Earldom  of 
Moray  from  the  king,  his  father-in-law,  9th  March,  1371-2,  to  himself  and  his  said  wife  for  life, 
they  becoming  thereby  Earl  and  Countess  of  Moray,  with  remainder,  failing  the  heirs  procreated 
l*tween  them,  to  his  heirs  whatsoever."  (The  Complete  Peerage,  by  G.  E.  C.) 

tSee  Appendix  I. 


PRE-REFORMATION   TIMES.  43 

1464,  August  1 6th. — The  King  confirmed  two  charters  of  William, 
King  of  Scots,  conferring  certain  privileges  on  the  burgesses  of  Moravia. 

1475,  December  4th. — The  King  granted  a  letter  of  Lieutenancy 
to  Alexander,  Earl  of  Huntly,  over  the  counties  from  Kincardine  to 
Inverness. 

1477,  November  22nd. — The  King  granted  to  James  of  Douglas  and 
his  heirs  certain  lands  in  the  Lordship  of  Moray,  he  paying,  inter  alia, 
the  sum  of  £5  6s.  8d.  yearly  from  the  lands  of  Pittendreich  to  a  chaplain, 
of  old  foundation,  on  the  Castle  Hill  of  Elgyne. 

1501,  June  1 2th. — The  King  granted  to  James  Stewart,  begotten  of 
himself  and  Janet  Kennedy,  daughter  of  John,  Lord  Kennedy,  the  lands 
and  earldom  of  Moray,  and  the  burgh  fermes  and  customs  of  the  burghs 
of  Elgin  and  Forres,  the  castle  of  Dernway  and  other  castles,  and  the 
fishings  of  the  waters  of  Spey,  Fyndorn,  Slewpule  and  Lossy. 

1507-8,  January  24th. — The  King  granted  to  his  servitor,  Andrew 
Marser,  and  his  heirs  and  assignees,  two  tenements  of  land  with  houses 
on  the  south  side  of  the  burgh  of  Elgin,  in  so  far  as  they  were  the 
property  of  the  King  by  escheat,  the  deceased  Sir  William  Birnay, 
chaplain,  vicar  of  Arndull,  bastard,  having  died  without  lawful  heirs. 
The  King  likewise  granted  to  the  said  Andrew  all  the  said  William's 
goods. 

1508-9,  January  2nd. — The  King  granted  to  William  Ogilvie  and  his 
assignees  the  lands,  &c.,  within  the  burgh  of  Elgin  which  came  to  him  by 
reason  of  the  bastardy  of  the  deceased  James  Innes  without  lawful  heirs. 

1 5 10,  August  roth. — The  King  confirmed  a  charter  of  James  Dunbar 
of  Conze,  whereby  he  sold  to  Alexander  Gaderar,  burgess  of  Elgin,  and 
Isobella  Sclatare,  his  spouse,  the  lands  of  Aldcasch. 

1527-8. — The  King  granted  eight  charters  at  Elgin,  viz.,  on  igth, 
22nd,  and  24th  February,  and  on  3rd  and  4th  March. 

1530,  November  22nd. — The  King  granted,  "apud  Elgin,"  a  charter 
to  James,  Earl  of  Moray,  and  Elizabeth  Campbell,  his  spouse,  of  the 
lands  of  Haltoun  of  Lambride,  &c.,  with  fishings  on  Spey,  which  the 
said  James  resigned. 

1528,  September  6th.— The  King  granted  to  his  brother  James,  Earl 
of  Moray,  his  heirs  and  assignees,  the  third  part  of  the  lands  of  Duffus, 
the  lands  of  Pettindreich,  Caldcottis,  Darcle  and  Serestoun,  and  the 
house,  tower,  tenements  and  buildings  within  the  burgh  of  Elgin  per- 


44  kECORDS  OF   ELGIN. 

taining  to  the  King  by  reason  of  the  forfeiture  of  George  Douglas, 
brother  of  Archibald,  formerly  Earl  of  Douglas.  Reddendo  for  Duffus  a 
red  rose,  and  for  the  said  house,  &c,  the  service  of  the  burgh,  use  and  wont. 
1529,  May  nth.— The  King  confirmed  a  charter  granted  by  Alex- 
ander Gaderar,  elder,  burgess  of  Elgin,  whereby  for  the  weal  of  the  soul 
of  Isobella,  his  spouse,  he  mortified  to  Master  Thomas  Gaderare,  his  son, 
chaplain,  and  his  successors,  celebrating  at  the  altar  of  St.  Duthac, 
Bishop,  in  the  Parish  Church  of  Elgin,  a  rood  of  land  with  garden  and 
croft  on  the  south  side  of  the  burgh  for  a  manse  for  said  chaplain,  two 
acres  near  the  burgh  of  Forres,  on  the  south  thereof,  near  Hawthornhill ; 
2s.  of  yearly  rent  from  the  east  land  of  William  Douglas,  senior,  burgess 
of  Elgin,  on  the  north  side  of  said  burgh  ;  8s.  from  a  rood  of  land  of 
Alexander  Gaderare,  junior,  there  ;  IDS.  from  a  rood  of  Alexander  Crane, 
there  ;  IDS.  from  John  Scherare's  land  near  Carsmannis-wynd  ;  53.  from 
a  rood  of  land  of  James  Brcbinar  there  ;  IDS.  from  a  rood  of  the  said 
William  Douglas  there ;  243.  from  two  roods  of  Thomas  Baldon  there ; 
145.  from  the  land  of  Alexander  George  there;  123.  from  the  land  of 
Alexander  Duf  there ;  8s.  from  the  land  of  David  Andersone  there ; 
6s.  from  the  land  of  John  Rob  there  ;  135.  from  a  rood  of  the  said  Alex- 
ander George  there ;  2s.  from  the  land  of  John  Smyth  there ;  53.  from  a 
rood  of  land  of  the  said  Alexander  Gaderar,  possessed  by  Alexander 
Hay,  on  the  south  side  of  the  said  burgh  ;  53.  from  the  land  of  Margaret 
Dunbrek,  spouse  of  Alexander  Cattoure,  there ;  43.  from  a  rood  of 
William  Coupar  there  ;  2s.  from  a  rood  of  John  Allan  there ;  53.  from 
the  land  of  the  said  Alexander  Gaderar  on  the  north  side  of  said  burgh  ; 
6s.  from  the  land  of  Andrew  Tulloch,  burgess  of  Forres,  on  the  north 
side  of  said  burgh.  (This  charter  gives  the  following  names  of  adjoining 
owners  :  Wil.  Browne ;  Muriel  Petirkin,  widow ;  Sir  Robert  Fleschar,  vicar 
of  Edinkclye  ;  Wil.  Gaderare,  son  of  the  granter  ;  Tho.  Young,  burgess  of 
Elgin  ;  -  -.  Forsy,  senior  ;  Pat.  Grant ;  Isabella  Douglas,  relict  of  Robert 
Pedder;  David  Thomson;  Andrew  Forstare ;  John  Watsone ;  John 
Wylky  ;  Janet  Murray,  relict  of  Alexander  Gaderare,  cousin  of  the 
granter ;  Wil.  Thomson  ;  Euota  -  — ,  relict  of  Andrew  Robertson  ; 
Edward  Watson  ;  James  Raper ;  Sir  Thomas  Hay,  chaplain  ;  James 
Douglas  in  Elgin  ;  James  Uchard  ;  William  Urquhart  of  Burrisyardis ; 
John  Donaldson,  heir  of  Thomas  Donaldson  ;  and  Andrew  Broune  in 
Forres.) 


PRE-REFORMATION   TIMES.  45 

1542-3,  March  i8th. — The  Queen  granted  letters  of  legitimation  to 
John  Barbour,  inhabitant  of  the  burgh  of  Elgin,  son  natural  of  the 
deceased  Sir  George  Carnquhin,  to  William  Birnay,  son  natural  of  the 
deceased  Sir  William  Birnay,  chaplain,  and  to  Thomas  Cumyng,  son 
natural  of  the  deceased  William  Cumyng,  bastards. 

1543-4,  March  2Oth. — The  Queen  gave  letters  of  legitimation  to  John 
Dunbar  of  Bennagefield,  bastard. 

1546,  August  1 7th. — The  Queen  granted  to  Alexander,  Lord  Gordon 
(son  and  heir  apparent  of  George,  Earl  of  Huntly),  his  heirs  and 
assignees,  the  land  and  tenement,  with  garden  and  tail  in  the  burgh  of 
Elgin,  on  the  east  side  of  the  Queen's  highway,  between  the  croft  called 
Harvyisfield,  the  lands  of  Robert  Innes  and  Elizabeth  Douglas,  and  the 
land  called  St.  Ninian's  land,  pertaining  to  the  Queen  by  the  death  of 
James,  Earl  of  Moray,  her  uncle,  bastard,  without  lawful  heirs. 

1 548-9,  February  6th. — The  Queen  set  in  feu-farm  to  David  Dunbar, 
elder,  son  and  heir  of  the  deceased  John  Dunbar  in  Benncttisfield,  the 
land  of  Bennettisfield,  Petfur,  &c.,  in  the  Lordship  of  Ardmannach,  Co. 
of  Inverness. 

1548-9,  February  I3th. — The  Queen  granted  to  George,  Earl  of 
Huntly,  the  lands  and  earldom  of  Murray,  the  burgh  fermes  and  customs 
of  the  burghs  of  Elgin  and  Forres,  the  fishings  of  Spey,  Lossie,  &c.,  the 
patronage  of  churches,  chapels,  and  hospitals,  &c.,  which  the  said 
Queen  incorporated  into  the  free  Earldom  and  Barony  of  Moray, 
ordaining  the  Castle  of  Dernway  as  the  principal  messuage  thereof. 

1551,  October  gth. — The  Queen  confirmed  the  letters  made  by 
Alexander  III.,  King  of  Scots,  by  which  he  commanded  the  sheriff  and 
bailies  of  Elgin  to  pay  from  the  fermes  of  the  bailliary  of  Elgin  to  the 
Friars  Preachers  of  Elgin  yearly,  at  Martinmas,  two  chalders  of  wheat, 
two  chalders  bere,  and  one  chalder  malt,  for  their  support ;  Witnesses — 
Alexander  Cuming,  Earl  of  Buchan,  justiciar  and  constable  of  Scotland, 
Donald,  Earl  of  Mar,  Ingeram  de  Gynis,  Reginald  le  Chen,  father, 
knights;  at  Kintore,  29th  March,  1285:  Also  a  charter  of  David  II., 
King  of  Scotland,  by  which  he  confirmed  a  transcript  of  letters  under 
the  seals  of  William,  Bishop  of  St.  Andrews,  Alexander,  Bishop  of 
Aberdeen,  Alexander,  Bishop  of  Ross,  and  John,  Abbot  of  Dunfermline; 
given  at  Inverness,  2ist  October,  1362 — at  Edinburgh,  I5th  April,  1368: 
Also  a  charter  of  Robert  I.,  King  of  Scots,  by  which  he  granted  in  puram 


46  RECORDS  OF   ELGIN. 

elimosinam  to  the  Friars  Preachers  of  Elgin,  in  gift  to  the  church,  ten 
merks,  stg.,  arising  annually  by  the  hands  of  the  Sheriff  of  Banff  from 
the  thanage  of  Abirkyrdour;  at  Dundee,  2ist  October,  1313. 

Charters  were  granted  by  the  Queen  at  Elgin  on  roth  September, 
1552,  24th  August,  1556  (she  was  at  Inverness  on  7th  August),  and  27th 
August,  1556  (she  granted  charter  at  Banff,  Qth  September). 

1556,  July  1 3th. — The  Queen  gave  letters  of  legitimation  to  Sir  James 
Terres,  chaplain,  bastard,  son  natural  of  Andrew  Terres  in  Elgin. 

1556,  October  i8th. — The  Queen  granted  to  John  Annand,  burgess 
of  Elgin,  a  piece  of  land,  with  buildings  and  orchards,  lying  near  the 
said  burgh,  containing  a  breadth  of  six  crofts  of  land  (between  the  land 
pertaining  to  the  deceased  William  Thomson,  burgess  of  Elgin,  then  to 
Sir  Thomas  (sic),  rector  of  Unthank,  called  Boyllis  orcheart  on  the  east, 
the  stone  wall  of  the  Lesser  Friars  of  Elgin  on  the  west,  extending  from 
the  bounds  of  said  crofts  on  the  south  to  the  Back  Passage  of  said  burgh 
on  the  north),  which  pertained  to  the  Queen  because  Sir  Tiberius  Win- 
chester, chaplain,  disponed  it  to  the  chaplain  of  the  Blessed  Virgin  Mary, 
within  the  Cathedral  Church  of  Moray,  without  consent  of  the  Queen — 
to  be  held  in  free  burgage. 


EXTRACTS  FROM  THE  BURGH  COURT  BOOK. 


1540. 

The  heid  burrow  court  of  Elgin  haldin  within  the  tolbuyth  of  the 
samyn  be  Johne  Zoung,  eldar,  prowast  William  Gaderar,  zoungar,  and 
William  Robertsoun,  baillies  of  the  samyn,  the  ferd  day  of  October  in 
the  zeir  of  God  IM.  Vc.  and  fourty  zeiris  the  suttis  callit  the  court  laucht- 
fullie  affermit. 

Nomina  Assise. 

William  Douglas  eldar,  William  Gaderar  eldar,  Johne  Zoung,  zoungar, 
William  Annan,  Johne  Bayn,  Archibald  Stronocht,  David  Talzour, 
Alexr.  Talzour,  Johne  Robertsone,  Thomas  Eldar,  Henry  Sincler, 
Thomas  Wod,  Thomas  Breboner,  Johne  Watt,  Johne  Watsone,  Robert 
Mawar,  William  Zoung,  William  Murray,  Dauid  Douglas,  Robert  Zoung. 

The  quhilk  day  Dauid  Hardy  with  the  consent  of  the  haill  communate 
wes  creat  and  suorn  freman  of  this  burght  and  maid  aythe  as  vse  is  and 
sail  pay  ane  stane  wax  to  the  nixt  Zeoll  vark. 

The  quhilk  day  the  assise  fand  be  wertew  of  cognitioun  that  insafar 
as  William  Douglas,  eldar,  and  Gawin  Douglas  his  sone  referrit  to  the 
samyn  and  be  the  witnes  producit  be  the  saidis  William  and  Gauin  that 
the  quarter  of  auchtanpart  quhilk  the  said  William  Douglas  had  attour 
his  awin  tua  in  times  bigane  is  vacand  in  the  townes  hand  being  vngevin 
or  assignit  to  ony  persoun  induelland  now  in  this  burtht  in  tymes  bigane 
and  to  be  disponit  be  the  counsall  of  this  burtht. 

The  quhilk  day,  the  toun  consentit  to  giff  to  John  Kyntor,  musicinar, 
ane  croun  of  the  sone  for  his  seruice  done  in  tyme  bigane  giff  he  departis 
at  his  awin  desir. 

(47) 


48  RECORDS  OF  ELGIN. 

The  quhilk  day  William  Gaderar,  eldar,  wes  electit  and  chosin 
alderman  for  ane  zeir  nixtocum  and  suorne  to  exerce  the  samyn  treulie 
during  the  said  space. 

The  quhilk  day  John  Zoung,  zoungar,  William  Robertsoune  and  John 
Robertsoune  chosin  baillies  for  ane  zeir. 

[Four  serjeants  chosen  for  a  year :  William  Gaderar,  younger,  chosen 
clerk  of  court  for  a  year :  James  Lewingstoun  chosen  dempstar  for  a  year.] 

The  quhilk  day  Margaret  Balfour  wes  fundin  in  ane  amerciament  for 
the  wrangus  defaming  of  Johne  Murray,  Cathanes  man,  saying  he  stall 
pottis  with  vtheris  iniurios  wordis  and  in  likwis  for  wrangus  haldin  of 
xx  s.  from  the  said  Johne  as  dett  for  the  quhilk  iniureos  wordis  sche  ves 
decernit  to  restore  the  said  Johne  to  his  guid  fame  and  offer  ane  pund  of 
wax  to  Sanct  Gclis  wark  and  to  pay  the  said  tuenty  schillingis  aucht  be 
hir  to  him  togidder  with  fiwe  s.  for  expensis  maid  be  him  in  defalt  of 
payment  of  the  said  dett  throch  hir  caus  as  wes  gewin  for  dome. 

The  quhilk  day  Thomas  Kelle  conforme  to  his  petitioun  gewin  in 
jugement  wes  fundin  sone  and  nerrast  and  lauchtful  aire  to  vmquhile 
James  Keller  his  fader  sumtyme  burges  of  this  burght. 

October  5th. — Nomina  communis  consilii :  William  Gaderar,  prouest, 
the  thre  bailzeis,  John  Forsyth  [and  thirteen  others].  The  presoris  of 
flesch  [six  in  number],  the  cunstaris  [nine],  the  regratirs  [eleven],  the 
candillmakars  [six],  the  leif  baxtaris  [three],  and  the  lynaris  of  land 
[seven]. 

October  nth. — John  Forsyth  wes  choisine  bailze  for  ane  zeir  to  cum 
and  suoryne  to  exerce  the  samyn  trulie  for  the  said  spaice.  William 
Robertsone  wes  suorne  to  vs  the  offece  of  bailzere  for  ane  zeir  nixt  to 
cum  notwithstanding  his  absens  on  the  heid  curt  day. 

The  said  day  it  vas  ordanit  and  statut  that  the  leif  baksteris  obserwe 
and  keip  the  peis  and  weych  giffin  to  tham  vnder  the  paine  of  secluding 
of  tham  fra  the  said  offece  for  ane  zeir  and  banissing  of  tham  of  the 
bruch  induring  the  said  space  and  siclik  the  candillmakeris  vnder  the 
said  payne. 

The  said  day  it  wes  statuit  and  ordanit  that  na  fre  persone  of  this 
burgh  by  ony  maner  fysch  or  thay  present  the  mercat  and  gif  thay 
failze  to  be  punist  be  the  awyis  off  the  consell  and  all  vtheris  vnfre  vnder 
the  payne  of  banessing  of  tham  this  bruch. 

The   assise   [seventeen   in   number]  deliuerit   that  Angnes   Baldon 


154°.]  BURGH   COURT  BOOK.  49 

wrangit  in  the  casting  of  ane  staine  and  breking  of  Katerine  Falconeris 
heid  and  drawing  bluid  of  the  samyn  and  als  for  the  manessing  of  the 
saidis  Katerine  with  ane  rung  and  siclik  for  the  defamatioun  of  her  in 
calling  of  the  said  Katerine  ane  comond  hwir  and  sail  pay  fouir  sillingis 
to  the  forsaid  Katerine  for  ane  amendis  as  vas  giffin  for  dowme. 

The  said  day  Katerine  Falconer  was  in  ane  amerchiament  for  the 
vrangus  calling  of  Angnes  Baldon  comond  thief  and  vtheris  iniurius 
vordis  as  was  giffin  for  dowm. 

October  i6th.  —  The  burrow  curt  of  Elgine  haldine  within  the 
towboyth  of  the  samyn  be  William  Gaderar,  prouest,  and  John 
Robertsone,  bailze.  The  assise  fand  and  deliuerit  that  John  Masoun, 
serwand  to  Andro  Russell,  master  masoun,  wrangit  in  the  away  hewing 
of  ane  creill  v1.  certane  fysche  thairintill  out  of  the  mercat  perteing  to 
William  Clerck  nocht  coft  be  the  said  John  Masoun  fray  the  saidis 
William  nor  nayne  vtheris  heffand  power  to  heue  sauld  the  samyn  and 
thairfor  sail  pay  ane  haff  stane  of  vax  to  Sancte  Gelis  lycht  and  ramaine 
quhill  Muninday  nixt  to  cum  within  the  tolbowytht  as  was  giffen  for 
dowm.  The  said  day  the  assise  deliuerit  that  John  Masoun  wrangit  in 
dessobeing  of  Andro  Gibsone,  officiar,  the  said  Johne  being  chargit  be 
him  to  the  tolbowytht  to  find  souerte  to  vnderlye  the  law  for  certan 
vrangis  downe  be  the  said  John  Masoun  and  sail  ask  forgiffnes  of  the 
prouest  and  officiaris  of  the  said  burgh. 

The  quhilk  day  the  assise  deliuerit  that  Johne  McKayne,  Vm.  Styne 
and  ane  callit  Dempstar,  masonis,  wrangit  in  the  impediment  making  to 
Andro  Gibsoun  for  to  charge  and  arrest  Johne  Masone  for  the  quhilkis 
contemptioun  ilk  persoun  sail  pey  tua  pundis  vax  to  Sancte  Gelis  lyicht 
and  sail  ask  forgiffnes  at  the  prouest  and  officiaris  of  the  towne. 

The  quhilk  day  the  assise  deliuerit  that  John  Mackyne,  masone, 
wrangit  in  the  bluid  drawing  of  Alexander  Vinchister,  zounger,  and  sail 
desyir  forgiffnes  and  remit  of  the  said  Alexander  and  deliuer  the 
quhingar  in  his  vill  to  him  quhairwith  the  said  bluid  vas  drawin  as  was 
giffin  for  dowme. 

The  said  day  Vm.  Annand  grantit  in  jugement  to  deliuer  thwa  siluer 
ringis  to  Johne  Browne  he  payand  samekill  as  thay  lay  in  wad. 

October  ipth. — The  prouest  with  the  consent  of  the  consell  and 
communate  hes  assingit  ane  auchenpart  of  land  Hand  within  Baldounshalc 
to  Gawen  Douglas  be  the  resingnatione  of  William  Douglas  his  fader 

H 


50  RECORDS  OF  ELGIN.  [l54°- 

for  all  the  dais  of  the  saidis  Gawin  lyftyme  for  the  quhilkis  the  said 
Gawin  sail  pay  twenty  sillingis  and  hes  fundin  William  Annan  souerte 
for  the  samyn  to  the  comond  purs. 

The  quhilk  day  the  prouest  with  the  consent  of  the  consell  and 
communate  hes  dessingit  ane  auchenpart  of  land  lyand  within  Baldonis- 
halc  callit  Masonis  auchenpart  to  John  Bayne,  burges  of  this  burgh,  be 
the  resignation  of  William  Douglas  last  occupear  of  the  samyn  for  all 
the  dayis  of  his  lyif  for  the  quhilk  Johne  Bayne  sail  pay  xx  sillingis  to 
the  commond  purs  and  William  Gaderar,  zoungar,  souerte. 

The  quhilk  day  Gawin  Douglas  in  jugement  he  resingnit  ane  auchen- 
part of  land  lyand  in  Baldonishalc  in  the  handis  of  John  Forsyth,  bailze, 
in  faworis  of  William  Annan,  burges  of  this  said  burgh. 

The  quhilk  day  Angnes  Robertsone  grantit  her  souertie  and  debtor 
to  Robert  Jamesone  for  thwa  sillingis  mone  in  nayme  of  Sir  William 
Sutherland  and  to  content  and  pay  the  saidis  thwa  sillingis  to  the  said 
Robert. 

David  Gaw  sowrync  in  jugement  be  his  greit  ayth  deponit  that  he 
aucht  nocht  to  Robert  Jamesone  bot  ane  pair  of  schowne  for  ane  bow 
borrowit  be  him  fra  the  said  Robert. 

The  quhilk  day  the  assisc  deliuerit  that  John  Brabuner  wrangit  in  the 
dynging  and  trubling  of  ane  serwand  pertening  to  Robert  Jamesoneis 
within  the  said  Robertis  bwytht  and  sail  ramayne  xxiiij  horis  in  the 
towbowyth  and  thaireftcr  conduce  himself  with  ane  responsall  master 
vnder  the  payne  of  banissing  of  him  the  burgh  perpetuall. 

October  2$th. — Comperit  in  jugement  John  Zoung,  zoungar,  and 
persewit  Allex1".  Winchistir,  zoungar,  vmquhill  bailze,  and  Andro  Gib- 
sone,  officiar,  for  the  vrangus  punding  of  Robert  Dauidsone,  bonethmakar, 
for  the  sowme  of  viii  sillingis  mone  as  annell  /  clemit  be  the  preor  and 
conuent  of  the  freris  predicatoris  of  Elgin  /  of  all  and  haill  the  landis 
pertenying  wmq11.  to  Thomas  Zoung,  lyand  betuyx  the  gray  freir  vynd 
at  the  est  and  the  landis  now  Sir  John  Williamsone  at  the  vast  and  fray 
the  forget  at  the  north  to  the  bakget  at  the  sowth  the  quhilkis  persewit 
beand  occusit  be  the  prouest  the  said  Allexr.  comperit  and  producit  ane 
attentik  document  quhair  the  said  annell  of  viii  sillingis  vas  annaleit  be 
the  said  Thomas  to  his  brothir  John  Zoung  and  siclik  ane  euident  of 
foundatione  of  the  said  annell  fowndit  be  the  said  John  Zoung  eldar  to 
the  conuent  of  the  freiris  predicatoris  of  Elgin.  The  saidis  euidentis 


[I54O.  BURGH   COURT  BOOK.  5! 

and  rychis  beand  producit  as  said  is  /  the  prouest  and  bailzeis  commandat 
the  officiaris  to  pund  termlye  ony  strengyabill  bigging  of  the  forsaid 
landis  for  the  forsayd  annell  for  pament  to  be  maid  to  the  saidis  freris  in 
tyme  cumyng. 

The  said  day  Villiam  Malcome  officiar  at  the  command  of  Vm. 
Gaderar  prouest  warnit  Allexr.  Wynchistir,  zoungar,  to  compeir  within 
the  tolboyth  of  Elgin  on  Twisday  the  xvi  day  of  Nouember  instant 
befoir  the  provest  or  bailzeis  and  thair  to  ansuyir  for  the  vrangus 
awayhalding  of  the  burrow  curt  bulk  of  this  burgh  fray  the  commond 
clerk  of  this  instant  zeir. 

November  i$th. — The  said  day  Allexr.  Wynchister,  zoungar,  and 
Thomas  Troup,  proloqutoris  for  Andro  Watsone  gef  in  ane  petitione 
desirand  the  said  Andro  to  kend  as  nerest  and  lauchfull  ayir  of  John 
Watsone,  wmquhill  fader  to  the  saidis  Andro  /  the  said  petitione  beand 
red  the  prouest  causit  William  Malcom  officiar  to  inquyir  gif  ony 
persone  or  personis  vas  to  apoyne  this  contrar  to  the  effect  forsaid  the 
inquest  [nineteen  in  number]  beand  suorne  fand  the  saidis  Andro  nerest 
and  lauchfull  ayir  to  his  said  fader  Johne  Watsone.  The  quhilk  day 
William  Robertsone,  bailze,  was  commandit  and  ordanit  to  pas  at  the 
command  of  the  prouest  and  consell  to  the  landis  of  vmquhill  John 
Watsone  for  sesing  to  be  giffiin  to  Andro  Vatsone  of  his  saidis  landis 
lyand  betuyx  the  landis  of  vmq11.  Donald  Vilman  at  the  est  and  the 
commond  vennell  at  the  vast  fray  the  forgett  at  the  north  to  the  gramer 
schowll  at  the  sowth  on  the  sowth  syid  of  this  burgh. 

November  16.— Gawen  Douglas  protestit  in  jugement  that  the  re- 
singnation  maid  or  to  be  maid  be  Villiam  Douglas,  pareoch  clerk  of 
Elgin,  of  the  said  offece  of  clerkchip  /  hurt  nor  preiuge  the  rycht  of  the 
said  Gawine  that  he  hes  of  the  said  clerkchip  nor  the  presentatione  to  be 
giffin  be  the  prouest  bailzeis  and  communate  to  ony  persoun  of  the  said 
clerkchip  in  tyme  cuming  nocht  the  presentation  giffin  to  the  said  Gavvin 
thairapone  of  befoir. 

The  prouest  and  bailzeis  commandit  and  ordanit  William  Kay  to 
deliuer  ane  siluer  ring  to  William  Vardan  pertening  to  the  said  William 
Vardan  and  laid  in  wed  to  William  Kay  of  ii  firlottis  of  lyme. 

The  assise  deliuerit  that  Hendre  Sinclar  wrangit  in  the  awaytaking  of 
ane  key  of  Sir  James  Wythanis  fra  William  Hay  and  sail  restoir  the  said 
key. 


52  RECORDS  OF  ELGIN.  [l54°- 

The  prouest  and  consell  directit  sesing  to  be  giffin  to  Bartillus  Duffus, 
neirest  and  lauchfull  ayir  to  Ispard  Duffus  his  brother  of  ii  rudis  of  land 
Hand  betuyx  the  landis  of  the  viccar  pentioner  of  Elgin  at  the  est  and 
the  land  of  Robert  Tailzour  at  the  vest. 

December  I3th. — The  assise  deliuerit  be  the  mowth  of  John  Zoung, 
zoungar,  chancellar,  that  Isbell  Leslie  wrangit  in  the  saying  of  certan 
iniurius  wordis  to  Angnes  Douglas  and  sail  pay  i  li.  vax  to  Sanct  Gellis 
lych  and  gif  ewir  sche  dois  the  maik  in  tymis  to  cum  to  be  banest  this 
burgh  for  ewir. 

December  1 6th.— The  prouest  and  bailzeis  hes  assingnit  Mununday 
efter  huphallowday  the  tent  day  of  Januar  nyxt  to  cum  to  Janet  Flegger 
spouis  to  William  Lang  to  prewe  that  the  saidis  William  his  dettis 
excidit  his  gwdis  and  geir  that  pertinet  to  him  that  day  that  he  was  quik 
and  deid  tweching  the  cleyme  of  iii  li.  clemit  be  Thomas  Brabuner. 

John  Zoung,  elder,  protestit  that  quhat  that  the  prouest  and  bailzeis 
dois  in  compelling  of  Andro  Milln  to  deliuer  ane  gray  hors  to  Thomas 
Kelle  as  sone  and  air  to  James  Kelle  as  he  allegis  hurt  nocht  the  said 
John  Zoung,  Sir  Thomas  Hay  nor  Janet  Zoung  assecutoris  to  wmq11. 
James  Kelle  becaus  the  saidis  assecutoris  was  neuer  callit  thwyching  the 
said  hors  as  the  saidis  John  allegis. 

William  Gaderar,  elder,  protestit  for  tyme  and  place  to  persewe  the 
bailzeis  of  this  burgh  gif  tha  da  him  nocht  justece  twching  the  persuyt 
of  ane  gray  hors  togidder  with  all  the  airchip  of  Thomas  Kelle. 

William  Gaderar,  elder,  is  content  to  vnderlie  the  sentence  of  the 
bailzeis  twyching  the  ection  of  certan  airchip  pertenying  to  him  be  ane 
assingnatione  maid  be  Thomas  Kelle  to  the  said  William  clamit  fra 
Andro  Milln,  possessor  of  the  saidis  airchip. 

Comperit  in  jugement  William  Gaderar,  elder,  and  persewit  Andro 
Milln,  burges,  for  the  wrangus  awahalding  of  ane  gray  hors  worth  vi 
merkis  mone  fra  Thomas  Kelle  as  airchip  to  the  said  Thomas. 

William  Gaderar  protestit  for  tyme  and  plaice  and  juge  competent  to 
call  John  Zoung,  zoungar,  for  the  masterfull  saying  in  jugement  that  Sir 
Thomas  Hay  sail  spek  at  the  bar  with  Andro  Milln  aganis  the  said 
William. 

The  bailzeis,  John  Forsyth,  William  Robertsone  and  John  Robertsone 
protest  for  tyme  and  plaice  and  juge  competent  to  call  John  Zoung, 
zoungar,  and  Master  Thomas  Hay  for  the  masterfull  stoping  and 


154°.]  BURGH   COURT   BOOK.  53 

molesting  of  tham  in  jugement  to  do  justece  in  ane  matter  twyching 
ane  gray  hors  clemit  be  William  Gaderar,  elder,  in  name  of  Thomas 
Kelle  fra  Andro  Mill  the  said  John  Zoung  and  Master  Thomas  beand 
chargit  to  hef  decistit  and  cesit  fra  all  iniurius  vordis  and  molestation  in 
the  said  court. 

William  Gaderar,  elder,  protestit  for  tyme,  plaice  and  juge  competent 
to  call  Johne  Zoung,  zounger,  Mr.  Thomas  Hay  for  the  masterfull  per- 
turbing and  molesting  the  balzeis  of  this  burgh  in  jugement  stopping 
them  to  do  justice  to  the  said  William  apon  Andro  Millis  protestan  in 
defalt  of  justece  now  instant  throw  thair  inquietatione  that  he  may 
complayne  of  on  the  forsaidis  personis  to  our  souerand  lord  the  Kingis 
graice  and  his  lordis  of  consell. 

William  Gaderar,  elder,  protestit  for  tyme  plaice  and  juge  competent 
to  call  John  Zoung,  zoungar,  for  the  greit  sklander  and  defamatione  of 
him  calland  him  murdressar  of  his  awin  gossop. 

Andro  Milln  offerit  him  redy  to  do  justece  foir  the  bailzeis  of  this 
burgh  to  William  Gaderar  elder  and  Thomas  Kelle. 

Master  Thomas  Hay,  prolocutor  for  Andro  Milln,  fensit  ane  broch 
that  the  said  Andro  myth  and  suld  say  aganis  the  bailzeis  and  membris 
of  curt  twyching  the  ection  of  ane  gray  hors  clemit  be  Thomas  Kelle  fra 
the  said  Andro  and  incontinent  William  Gaderar,  elder,  recontrit  the  said 
broch  allegan  the  said  Andro  had  denyit  the  action  and  cled  the  court 
and  hed  no  plaice  to  say  aganis  the  forsaid  bailzeis  nor  membris  of  court 
apon  the  quhilk  broch  and  recontyr  the  saidis  parteis  desirit  ane  sensi- 
ment  quhilk  was  grantit  quhilk  sensiment  fand  that  the  said  Andro  nor 
Mr.  Thomas  had  no  plaice  to  say  aganis  the  bailzes  nor  membris  of  curt 
becaus  he  denyit  the  actione  abefoir. 

Nomina  assise  et  interloquitoris : — 

William  Douglas,  John  Bayne,  Hendre  Sincler,  Cutbert  Cuming, 
James  Pedder,  Dauid  Tailzour,  John  Barbur,  Archibald  Stronach,  Allexr. 
Winchistir,  elder,  Martein  Sklater,  William  Kyncorne,  Allexr.  McKayne, 
Robert  Zoung,  Alexr.  Lochillis,  John  Murray,  Wm.  Annan  and  Allexr. 
Tailzour. 

The  quhilk  day  Mr.  Thomas  Hay  fensit  ane  broch  in  nayme  and 
behalf  of  Andro  Mylln  (forsamekill  as  he  was  persewit  be  William 
Gaderar,  elder,  procutor  for  Thomas  Kelle  for  ane  gray  hors  pertinying 
wmq".  to  James  Kelle  and  now  to  the  said  Thomas  be  rasone  of  airchip 


54  RECORDS  OF   ELGIN. 

as  thay  allegit)  that  the  said  Andro  auch  nocht  to  answer  that  day  quhill 
he  hed  gottin  the  coppe  of  ane  sentence  arbitral!  gifin  with  the  said 
William  Gaderar  and  Thomas  Kelle  apon  the  said  hors  and  airchip  and 
desirit  ane  sensward  thairapone  and  incontinent  the  saidis  William 
reconterit  the  said  broch  sayand  that  he  rafarrit  the  said  Andro  Mylln 
ayth  quhidder  gif  he  hed  gottin  the  forsaid  coppe  or  nocht  /  the  forsaid 
sensward  beand  sworyne  deliuerit  that  the  said  Andro  aucht  to  answer 
now  instant  becaus  he  confessit  in  the  jugement  that  he  had  rasauit  the 
saidis  coppe  abefoir  and  als  that  the  said  Andro  wrangit  in  the  saidis 
broch  striking. 

The  assise  deliuerit  be  the  mowth  of  William  Douglas  chancier  of  the 
samyn  that  Andro  Milln  wrangit  in  awayhalding  of  ane  gray  hors  fra 
Thomes  Kelle  sone  and  air  to  James  Kelle  his  fader  quhom  God  assolze 
quhilk  hors  pertenis  to  the  saidis  Thomas  as  airdowm  be  the  deces  of  his 
said  fader  and  that  the  said  Andro  aucht  and  suld  deliuer  the  best  horse 
pertinying  to  James  Kelle  fader  forsaid  to  the  saidis  Thomas  incontinent 
and  failzcand  thairof  ilk  day  fra  this  day  forwart  the  just  hyir  of  the 
said  hors  as  was  giffin  for  dowme. 

December  2Oth. — William  Gaderar,  elder,  protestit  in  jugement  for 
tyme,  plaice  and  juge  competent  to  call  Waltir  Kynnard  of  Culbyne  for 
the  masterfull  saying  in  jugement  that  the  jugis  now  present  hes  giffin 
ane  fals  sentence  aganis  James  Pedder. 

William  Gaderar  protestit  in  jugement  for  tyme  plaice  and  juge 
competent  to  call  James  Pedder,  burges  of  Elgyne,  for  the  mastirfull 
schlandering  and  saying  in  jugement  that  the  saidis  William  Gaderar 
wes  ane  dalie  oppressour  of  him  and  his  nichtboris  of  the  burgh  of  Elgin. 

William  Gaderer,  elder,  protestit  for  tyme  etc.  to  call  James  Pedder 
for  purchessing  of  outdvvelland  lordschip  that  is  to  say  Robert  Dumbar 
of  Durris  and  Waltir  Kynnard  of  Culbyn  the  saidis  James  beand  sworyne 
in  tyme  of  making  of  him  freman  nocht  to  hef  purchest  onfre  out- 
dwelland  men  in  contrar  the  towne  nor  ony  nechtbor  of  the  samyn. 

Janet  Findlay  sweyr  and  deponit  in  jugement  that  William  Smyth 
pait  na  greischip  maill  quhen  he  enterit  with  hyr  achenpart. 

The  quhilk  day  the  provest  assignit  ane  aughenpart  of  land  to 
Archbald  Stronach  quhilk  vakit  be  the  deces  of  William  Zoung,  son  to 
John  Zoung,  elder,  and  dischargit  the  forsaid  Archbald  of  the  comond 
buttis  at  the  Palmer  furd  quhilk  lay  in  the  said  Archbald  handis  ay  and 
quhill  the  said  Archbald  suld  get  ane  auchenpart. 


I54O-I-]  BURGH   COURT   BOOK.  55 

I540-I. 

January  7th. — Dauid  Harde  and  Johne  Smyth  sworne  in  jugement 
to  ws  the  offece  of  clerkschip  of  this  burgh  ay  and  q11.  thay  be  dischargit. 

The  prouest  and  bailzeis  hes  assingnit  Munnunday  the  day  of 
Januar  nyxto  cum  to  thir  personis  underwrittin  to  saw  thair  ewydentis 
of  the  landis  withinwrittin,  ilk  persone  respectiue,  that  is  to  say,  John 
Forsyth  for  the  landis  was  wmq11.  Sir  William  Murrais,  elder  /  Mr. 
Alexander  Douglas  for  ii  rudis  of  land  beest  Sir  Thomas  Hay  /  Bartillus 
Duffus  for  thwa  ruid  bevast  the  vicar  pentioner  /  to  John  Barbur  and 
Angnes  Cuming  his  spous  for  ii  rudis  of  land  lyand  betuyx  Marron 
Mwyr  at  the  vast  and  Sir  Andro  Froster  at  the  est  on  the  north  syid  of 
this  bru'.  .  .  .  quhilk  day  was  assingit  to  the  saidis  personis  to  produce 
thair  instrumentis  and  to  be  enterit  in  the  soitroll. 

Ane  arrestment  prowyn  maid  be  Necoll  Moressone,  officiar  of  this 
bru1.  apon  thre  gray  hors  wmq11.  pertinying  to  James  Kelle  at  the 
command  of  prouest  and  bailzeis. 

January  loth. — The  quhilk  day  Thomas  Kar  protestit  in  jugement 
that  the  calling  of  Master  Alexander  Dumbar,  dene  of  Murray  in  the 
soitroll  for  ane  ruid  of  land  Hand  on  the  north  syid  of  this  burgh  betuyx 
the  landis  of  James  Pedder  at  the  vast  and  the  blak  freris  wynd  at  the 
est  suld  not  hurt  the  saidis  Thomas  grund  rycht  to  the  heritage  of  the 
said  rud  be  rasone  he  was  compellit  for  feir  of  his  lyif  to  resing  the  samyn. 

January  24th. — William  Gaderar,  prouest,  producit  ane  bill  of  com- 
plaint to  the  bailzeis  in  jugement  desirand  to  inquyir  and  se  gif  ony 
nichtbor  fre  or  onfre  wald  allege  or  say  gif  cwir  he  oppressit  tham  or  ony 
ane  of  tham  in  tymes  bygane  the  bailzeis  inquirand  at  the  nichtboris 
vnderwrittin  in  jugement,  that  is  to  say,  John  Forsyth  [and  51  others] 
the  saidis  personis  denyit  alluterlie  that  euir  the  saids  William  oppressit 
tham  or  ony  ane  of  tham  in  tymis  bygane  vpon  the  quhilk  the  said 
William  desirit  act  of  curt. 

February  7th. — James  Pedder  being  accusit  for  the  wrangus  out- 
taking  of  Effeme  Tailzour  out  of  the  tolboyth  put  in  at  the  instance  of 
Ferquhar  Flessor  the  said  James  tuik  this  day  xxv  dais  to  enter  the  sayd 
Effeme  in  jugement  within  the  said  tolboyth. 

James  Pedder  being  accusit  be  the  bailzeis  for  the  wrangus  making  of 
ane  arrestment  as  mair  and  officiar  to  the  sheref  of  Elgine  and  Forres 


56  RECORDS  OF  ELGIN.  [l54°-I. 

upon  certane  punctis  of  ayirdowme  and  in  speciall  ane  gray  hors  quhilkis 
wmq11.  perteint  to  Thomas  Kelle  ...  he  denyit  .  .  .  and  was  rafarrit 
to  ane  conding  inquest. 

[The  inquest  find  that  James  Pedder  "  wrangit "  in  arresting.] 

February  I4th. — The  prouest  and  bailzeis  decernis  and  ordanis  the 
land  of  Allexr.  Cator  lying  on  the  sowyth  syid  of  this  bru1.  betuyx  the 
land  of  Allexr.  Murray  at  the  vast  part  and  the  land  of  vmq11.  James 
Robertsone  on  the  est  part  to  be  strengzeit  and  pundit  zeirle  for  sax 
sillingis  annell  to  the  preor  and  conwent  of  the  freir  predecatoris  of  this 
bru«.  in  all  tyme  cuming. 

The  assise  deliuer  that  Janet  Flegger,  spous  vmq11.  to  William  Lang, 
pay  to  Thomas  Brabuner  thrette  sillingis  in  part  of  pament  of  thre 
pundis  quhilk  William  Lang  aucht  the  said  Thomas  for  certane  cheis 
boycht  fra  the  Lard  of  Ley  the  said  William  Langis  guiddis  exceding 
his  dettis  be  the  said  sowme  of  thrette  sillingis. 

February  2ist. — The  bailzeis  John  Forsyth,  John  Robertsone  and 
William  Robertsone  being  accusit  for  the  coping  and  selling  of  xvid. 
aill  tymis  bygane  contrar  the  actis  and  statutis  of  this  bru1.  /  thay  and 
ilk  ane  of  tham  com  in  the  prouest  will  for  the  samyn  and  dowme  giffyn 
thairupone. 

Johnc  Forsyth,  ane  of  the  bailzeis,  be  his  bill  of  complent  giffin  in 
persewit  Allexr.  Wynchister,  zoungar,  allegand  that  he  put  handis  on  him 
in  the  executione  of  his  offece  and  deforced  him. 

[An  assise  of  twenty-one  persons  being  sworn]  'the  halie  euangeliis 
be  tham  and  euery  ane  of  tham  thwichit '  and  they  '  furth  of  the  curt 
remowit'  heuand  God  and  guid  conscience  befoir  them  'com  on  and 
deliuerit  be  the  mouth  of  ane  hon11.  man  Vm.  Sutherland  of  Duffus 
burges  of  this  bru'.  and  chanchler  of  the  said  assise  that  the  complent 
giffin  in  be  the  said  Johne  Forsyth  was  is  in  the  self  of  nayne  awaill  fors 
and  effect  that  the  said  Allexr.  Vynchister  was  and  is  quit  and  clene  of 
the  saidis  punctis  continit  on  the  said  bill '  .  .  .  '  Vpone  the  quhilkis 
deliuerance  the  said  Allexr.  Vynchister  desirit  act  and  rolmond  of  curt 
vnder  the  sells  of  the  forsaid  prouest  and  bailzeis  or  ony  ane  of  thame 
jugis  in  the  said  mater.' 

John  Robertsone,  William  Robertsone  and  John  Forsyth,  bailzeis, 
war  accusit  be  the  prouest  for  nocht  putting  of  thair  offecer  to  do 
execution,  the  said  actione  beand  denyit  and  referrit  to  ane  assise  quhilkis 


1 5401.]  BURGH  COURT  BOOK.  57 

assise  deliuerit  that  the  said  John,  William  and  John  had  nocht  put  thair 
offecer  to  execution  conforme  to  thair  greit  ayth  maid  thairvpone  and 
fand  tham  and  ilk  ane  of  tham  in  ane  amerchiment  and  dowme  giffin 
thairupone. 

John  Forsyth,  bailze,  protestit  in  jugement  for  the  rolmond  of  curt 
thwyching  the  matter  debatabill  betuyx  the  said  John  Forsyth,  bailze, 
and  Allexr.  Vynchister,  zoungar,  on  his  expensis. 

February  25th. — William  Haw  induellar  in  Dunde  and  Andro  Rosse 
in  Couper  of  Fyf  present  in  jugement  war  accusit  be  the  prowest  for  the 
wrangus  forstalling  of  the  said  bru'.  in  bying  of  certane  gray  clayth  to 
landwart  and  outtouth  the  boundis  of  the  said  bru1.  the  saidis  William 
Haw  and  Andro  Rosse  confessit  the  same  and  cam  in  the  prouestis  will. 
The  quhilk  prouest  remittit  the  present  fait  and  gif  thay  or  ony  ane  of 
tham  committis  siklik  in  tymis  to  cum  the  haill  stuff  or  clayth  salbe 
eschet  conforme  to  our  souerand  lordis  letteris. 

February  29th. — John  Zoung  becom  souerte  for  John  Boyne  to  pay 
the  lard  of  Alter  vii  li.  xvi  s.  vsuall  money  and  ane  teblet  of  gold  gif  the 
said  larde  of  Alter  optinis  the  samyn  betuyx  this  and  this  day  viii  dais 
befoir  ony  jugis. 

Elspet  Innes,  Mege  Gib,  Bellis  moder,  the  piper,  the  bonethmakaris  vif 
.  Mechy,  Andro  Grene  and  his  vif,  Elspet  Necoll,  John  Hay,  baxstair, 
and  Andro  Caberis,  beand  accusit  for  certane  wrangis  downe  be  tham 
denyit  and  tuik  tham  to  God  and  ane  guid  assise,  the  quhilk  assise 
deliuerit  that  Elspet  Innes,  Mege  Gib,  Bellis  moder,  the  piper,  the 
bonethmakaris  vif,  .  Mechy,  Andro  Grene  and  his  vife  and  Elspet 
Necoll  auch  and  suld  be  banest  this  bru'.  for  the  crimis  commitit  be 
thame  and  als  deliuerit  that  Andro  Cabboris  sail  nocht  slay  na  flesch  to 
sell  nor  vs  the  offece  of  fleshery  for  ane  zeir  to  cum  and  attour  deliuerit 
that  John  Hay  forsaid  conduce  him  within  viii  dais  with  ane  responsall 
master  or  failzeand  thairof  salbe  banist  this  bru'. 

Andro  Rait  and  Mychaill  Etlis  callit  be  the  provest  and  allegit 
onprofetabill  nychtboris  within  this  burgh  quhilk  personis  rafarit  the 
samyn  to  ane  assise,  the  quhilk  assise  deliuerit  that  the  forsaid  Androu 
Rait  and  Mychaell  Etlis  are  sufficient  and  edonnis  personis  to  ramayne 
within  this  burgh. 

March  4th. — James  Donaldsone  in  Innernes  oblist  him  self  in  juge- 
ment to  prewe  Androu  Milln  pait  of  the  third  part  of  xxxvi  s.  the  nyxt 
law  day  eftir  Schyirfurisday.  I 


5g  RECORDS  OF  ELGIN.  I54O-I-] 

March  ;th.— Alexander  Cumyng  of  Alter  persewit  John  Bayne  for 
ane  certane  sowme  of  mone  and  ane  teblet  of  gold.  The  forsaid  John 
alluterlie  denyit  that  he  auch  ony  sowme  of  mone  and  grantit  that  he 
had  the  taiblet  in  vod  of  four  merks  and  ane  half  and  rafarrit  the  mony 
and  taiblet  in  the  ayth  of  the  said  Allexr.  Cuming  of  Alter.  The  saidis 
Allexr.  Cuming  being  soworne,  the  hale  ewangelis  be  him  twychit, 
deponit  that  the  said  Johne  Bayne  auch  to  him  sewin  merkis  ii  s.  viii  d. 
and  hes  said  taiblet  of  gold  fre,  and  attour  the  said  Allexr.  gef  Cayr- 
sunday  nyxtocum  to  pay  the  said  sowme  of  mone  and  Trinate  day 
thereftcr  to  deliuer  the  said  taiblet  or  the  just  awaill  and  the  said  John 
Bayn  becom  oblist  thairto. 

March  I4th. — The  assise  [thirteen  in  number]  deliuerit  that  David  Ga 
was  quit  of  the  cleme  of  ane  brassin  pot  clemit  be  William  Kay. 

Farquhar  Flessour  was  accusit  for  the  wrangus  passing  to  the  watter 
of  Spey  and  forstalling  of  this  burgh  and  bying  of  fresch  salmond  in 
greit  quantate  and  thairthroch  causit  grcit  derth  within  this  bru1.  of  sic 
stuff  and  als  the  said  Ferquhar  Flessour  was  accusit  for  the  wrangus 
making  impediment  to  certane  personis  carearis  of  fresch  sallmond  to 
sell  as  thay  thocht  expedient  bot  perswadit  tham  to  hald  the  samyn 
derrcr  than  thay  offerit  to  sell  and  attour  the  said  Ferquhar  was  accusit 
for  the  bying  of  slaync  motone  vpon  the  skamillis  of  this  bru1.  fra  vtheris 
flessouris  and  selling  the  samyn  incontinent  to  the  nechtboris  of  this  bru1. 
and  taking  of  greit  wynnyng  and  causand  all  sic  stuf  ryis  to  ane  in- 
convenient. The  said  Ferquhar  denyit  the  samyn  alluterlie  and  rafarrit 
him  to  ane  conding  mvrnyr  of  inquest.  The  quhilk  assise  deliuerit  that 
the  said  Ferquhar  Flessour  wrangit  in  all  the  saidis  punctis  and  sail  be 
secludit  fray  all  careing  of  fysch  to  sell  within  this  burgh  and  siclik  fray 
vssing  of  the  flessour  craft  ay  and  quhill  he  fynd  thwa  or  thre  risponsall 
nychtboris  souerte  to  the  prouest  and  bailzeis  to  obstene  in  all  tyme 
cuming  fray  all  sic  wrangis  vnder  the  payne  of  banessing  the  said 
Ferquhar  Flessour  this  burgh. 

The  assise  deliuerit  that  Alexander  Rochillis  wrangit  in  the  breking 
of  the  dikes  of  the  milln  croft  bewest  Elgine  pertenyng  to  John  Zoung, 
elder,  and  John  Zoung,  zoungar,  and  dowme  giffiin  thairupone. 

The  assise  deliuerit  that  John  Zoung,  zoungar,  wrangit  calland  Alex- 
ander Rochillis  carle  and  dowme  giffin  thairupone. 

The  assise  deliuerit  that  John  Zoung,  zoungar,  wrangit  in  awaytaking 


IS40-I.]  BURGH   COURT   BOOK.  59 

and  withhalding  of  ane  bulax  fra  Allexr.  Rochillis  and  auch  restoir  the 
samyn. 

March  2ist.  —  Androu  Milln  protestit  for  pament  of  ane  certane 
sowme  of  mone  debursit  be  the  said  Androu  in  Franch  for  the  expensis 
maid  in  the  persewt  of  certane  merchandece. 

March  24th.  —  William  Malcome  protestit  that  he  hes  rycht  to  ane  rig 
of  land  Hand  on  the  vast  syid  of  Merevall  giffin  to  him  be  the  towne  and 
protestit  for  the  prophetis  of  ii  buttis  of  land,  the  tayne  lyand  contiguc 
vl.  the  Quarrestank  dyik  by  the  est  syid  and  the  tother  on  the  vast  syid 
of  the  Deid  Brigis  and  siclyk  for  ane  halfdaill  in  the  linchalc. 

Comperit  personalie  William  Sutherland  of  Duffus  and  offerit  xiii 
merkis  wsuall  mone  for  the  landis  and  towne  of  Mostowe  zeirle  to  the 
prouest  and  bailzeis  of  this  bru'.  gif  thay  vald  set  the  samyn  to  him  in 
assedatione  protestane  gif  the  prouest  or  bailzeis  set  the  samyn  better 
scheip  to  ony  vther  persone  than  sayd  is  that  he  mycht  hef  tyme  and 
plaice  as  ane  burges  and  freman  to  complene  to  the  lordis  of  consell  for 
reformatione  of  the  samyn  conforme  to  the  actis  of  parliament. 


March  28th.  —  William  Malcome  grantit  him  awand  to  Thomas  Ros 
ane  dowblet  of  fownis  sufficient  stuf  and  sail  pay  the  samyn  betuyx  this 
and  Sanct  James  the  Apostill  day  that  nyxt  cumis. 

The  assise  deliuerit  tnat  Angnes  Hayme  wrangit  in  the  away  passing 
vi  dais  fra  Isbell  Douglas  service  sche  beand  hir  feit  serwand  and  als  the 
said  Angnes  wrangit  in  the  drawing  of  the  said  Isbell  Douglas  hair  and 
striking  of  hir  and  sail  ask  the  said  Isbell  forgiffnes  and  stand  in  the  vine 
coller  q11.  iii  howris  efternowne. 

April  26th.  —  The  prouest  set  the  rig  betuyx  the  mos  and  Sanct 
Katering  croftis  to  Thomas  Kar  for  all  the  dais  and  termis  of  iii  zeris. 

The  prouest  and  communate  hes  conducit  William  Lewynstoun  to 
keip  the  cornis  of  this  brugh  quhill  beir  seid  be  downe,  for  the  quhilk  ilk 
auchenpart  sail  pay  to  him  ane  d.  by  his  punlaw  and  that  no  nychbor  of 
this  bru'.  trubill  him  in  pundding  of  the  guiddis  takin  wpone  the  cornis 
vnder  the  payne  of  viii  s.  onforgiffin. 

April  3Oth.  —  John  Bayne  become  souerte  for  Androu  Grant  in  Corsky 
that  Androu  Mychell  duelland  thair  salbe  harmeles  and  skaythles  in  tyme 


6o  RECORDS  OF  ELGIN.  [J541- 

cuming  of  all  bodelie  harme  himself,  his  vif,  childryne,  houshald,  serwandis 
of  the  said  Androu  Grant  and  all  that  he  may  stop  or  lat  hot  as  law  will 
and  the  said  souerte  vnder  the  payne  of  law. 

May  5th.— Robert  Reid  being  persewit  for  the  wrangus  trubling  of 
this  burgh  and  for  the  taking  of  the  lok  of  the  tolboyth  efter  he  vas  put 
thairinto  be  the  officiaris  and  siclik  for  the  ryving  of  Andro  Gibsone, 
officiar,  his  clais.  The  forsaid  Robert  becom  in  vill  and  dowm  giffin 
thairupone,  the  quhilk  will  to  be  modefeit  be  the  provest. 

May  9th. — The  assise  deliuerit  that  Margaret  Carrudderis  wrangit  in 
the  dinging  of  Janet  Kar  and  drawing  of  bluid  of  hir  and  salbe  banest 
this  burgh  thairfor. 

The  assise  deliuerit  that  William  Vardane,  Robert  Jamesone  and     . 
Felder  wrangit  in  the  cutting  of  the  hee  get  throch  the  hidderingis  and 
sail  mak  the  samyn  sufficient  be  the  awyis  of  vi  of  the  best  and  vortheast 
of  this  brugh. 

The  assise  deliuerit  that  William  Malcome,  officiar,  auch  and  suld 
heue  ane  but  of  land  in  propirte  to  his  quartar  auchenpart. 

The  quhilk  day  the  assise  deliuerit  that  Alexander  Williamson  wrangit 
in  passing  to  the  see  coast  and  making  of  merchat  with  Franchmen  in 
bying  of  xx  pottis  of  irone  thay  beand  vnofferit  or  enterit  to  this  bru'. 
and  sail  deliuer  the  saidis  pottis  to  the  prouest  to  be  distrubutt  to  the 
nychtboris  as  he  shall  think  expedient  and  gif  euer  he  committis  sic  ane 
fait  in  tymis  to  cum  to  be  punisit  to  the  regor  in  exempill  to  vtheris  and 
dowme  giffin  thairupone. 

The  assise  deliuerit  that  the  souythmest  but  of  ouyr  deid  brigis 
occupeit  be  John  Zoung  pertinis  to  the  commonte. 

May  22nd. — The  burrow  court  of  Elgin  haldin  within  the  tolboyth  of 
the  samyn  be  William  Gaderar  prouest  the  xxii  day  of  the  month  of 
Maii  in  the  zeir  of  God  IM.  Vc.  xli  zeris,  the  quhilk  day  the  suttis  callit 
and  the  court  lauchfullie  effirmit. 

Nomina  assise : 

John  Zoung,  zoungar,  John  Bayne,  Hendre  Sancler,  John  Vat,  Cutbert 
Cuming,  Allexr.  Vynchistir,  elder,  Wm.  Annand,  James  Pedder,  John 
Murray,  Allexr.  Vynchistir,  zoungar,  Allexander  Tailzour,  James  Sklatter, 
John  Colle,  Thomas  Brabuner  and  Wm.  Auldcorne. 

The  quhilk  day  Ebbe  Annand,  mothir  to  Wm.  Kyncorne,  resingnit 
personale  in  jugement  ane  auchenpart  of  land  pertinying  to  hir  Hand 


154I-]  BURGH  COURT   BOOK.  6 1 

vithin  the  grechip  of  Elgine  in  the  prouest  handis  in  fauor  of  the  said 
William  Kyncorne  hir  sone  and  incontinent  thereftir  the  said  prouest 
assingnit  the  said  auchenepart  with  consent  of  the  haill  consell  and 
comunate  beand  present  for  the  tyme  to  the  saidis  William  Kyncorne 
reserwand  the  said  Ebbe  Annand  hir  lyfrent  of  the  said  land  with  pouer 
to  hir  to  set  the  samyn  to  quhome  sche  pleis  as  law  vill  and  the  said 
William  oblist  him  self  to  pay  xx  s.  at  Sancte  James  day  nyxtocum  for 
his  entres  as  vs  is. 

The  assise  deliuerit  that  William  Malcome  wrangit  calland  William 
Zoung  in  the  he  get  glangorit  and  dowme  giffin  thairupon. 

The  assise  deliuerit  that  Thomas  Kar,  officiar,  wrangit  in  the  striking 
of  Janet  Fyne  vpon  hir  faice  with  his  hand. 

The  assise  found  that  William  Zoung  wrangit  in  the  drawing  of  ane 
quyingar  to  heue  slayne  William  Malcome  and  sail  offir  on  Sunday  nyxt 
to  cum  in  tym  of  the  confiteor  of  the  hee  mess  half  a  pund  of  wax  for 
his  said  fait. 

The  assise  deliuerit  that  Androu  Gibsone,  officiar,  wrangit  in  the 
striking  of  Margarat  Saidler,  giffand  hir  ane  blaw  on  the  faice  and 
ordanis  that  Androu  Gibsone  and  all  vtheris  officiaris  within  this  bru'. 
obstein  fra  striking  of  ony  personis  in  tyme  to  cum  vnder  the  payne  of 
deprivation  of  tham  fra  offece  bering  within  the  samyn  for  all  the  dais  of 
thair  lyftime. 

The  quhilk  day  the  assise  deliuerit  be  the  mouth  of  Alexr.  Vynchistir, 
zoungar,  chancier  thairof  that  Robert  Reid  wrangit  in  the  riving  of 
Androu  Gibsonis  clais  and  sail  amend  the  samyn  be  the  sycht  of 
Alexander  Tailzour  and  attour  deliuerit  that  the  said  Robert  wrangit 
saying  behind  the  said  Androuis  bak  that  he  left  his  deid  upon  him  and 
sail  pay  I  li.  wax  to  Sanct  Gelis  verk  and  dowme  giffin  thairupone. 

The  quhilk  day  the  assise  deliuerit  that  Mergarat  Sadlar  wrangit 
calland  Androu  Gibsone,  officiar,  smake  carell  and  dowme  giffin  thairupon. 

August  8th. — The  assise  ordanit  that  James  Falconer  sail  conduce 
him  with  ane  master  and  not  to  pas  vagane  within  this  bruchg  vnder  the 
paine  of  banessing  of  him  perpetuallie. 

June  2 1 st. — John  Bell,  alias  Stuart,  piper,  becom  in  the  prouest  and 
baillies  will  for  the  wrangus  trublance  of  this  brugh.  The  assise  deliuerit 
that  John  Bell,  alias  Stuart,  piper,  wrangit  in  the  trubling  of  John  Joppe, 
tailzour,  and  hurtting  of  him  in  the  heid  and  in  the  hand  with  ane  suord 


(52  RECORDS  OF  ELGIN.  [l$4l- 

and  drawin  of  bluid  of  him  to  greit  quantate,  for  the  quhilk  skayth  the 
forsaid  John  Bell  sail  content  and  pay  to  the  said  John  Joppe  for  leching 
and  skayth  downe  to  him  xx  s.  vsuall  money. 

Isbcll  Vatsone  spous  to  William  Milln  wrangit  in  the  steilling  of  ane 
pek  of  meill  pertinying  to  Thomas  Kar  and  siclik  wrangit  in  the  calling 
of  the  said  Thomas  Kar  iniurius  wordis  and  sail  ask  him  forgifnes  and 
pay  ane  li.  of  vax  to  Sanct  Gelis  lycht. 

The  prouest  and  baillies  consell  and  communate  beand  present  for 
the  tyme  considdering  the  greit  hurt,  damage  and  skayth  sustenit  be  the 
nychtboris  of  the  bruchg  thwiching  the  etting  of  thair  cornis  with  thair 
avvyn  bestiall  now  fra  beirseid  tyme  till  haruist  hes  statut  and  ordanit 
that  na  oxin,  ky  nor  scheip  pas  by  the  comond  akir  the  get  to  the 
Sanchory  nor  the  get  to  the  Pallmer  furd  bot  that  they  pas  to  vtheris 
plaicis  as  tha  think  expedient  and  gif  ony  personis  dois  in  the  contrar 
the  pundlan  the  first  tyme  xii  d.,  the  secund  tyme  ii  s.,  the  third  tyme  55. 
onforgiffin  and  siclik  the  pundlan  of  the  hors  or  guidis  Hand  in  the  cornis 
on  the  nycht  to  be  v  s.,  of  that  iiij  s.  to  Sanct  Gelis  wark  and  xii  d.  to  the 
takar. 

June  28th. —  Comperit  personale  John  Auchanaquhy  of  that  ilk  on 
the  ta  part  and  John  Serar  alias  Taklum  on  the  tother  part  and  forsamekill 
as  the  said  John  Auchanaquhy  had  persewit  the  fornamit  John  Serer  for 
ane  ox  quhilk  ox  the  said  John  Sercr  coft  fra  him  for  xxxii  s.  The  said 
John  Serer  producit  vi  famous  personis  to  be  vitnes.  Thai  deponit  that 
the  said  xxxii  s.  promisit  for  the  said  ox  vas  haill  and  compleit  pait  to 
the  said  John  Auchanaquhy  and  dovvme  giffin  thairupone.  John  Serer 
alias  Taklum,  protestit  for  his  expensis  and  his  witnes. 

July  nth. — The  assise  deliuerit  that  Alexander  Lang  sail  content 
and  pay  to  Angnes  Robertson  the  sowme  of  saxtene  sillingis  for  ane 
hors  boych  be  the  said  Allexr.  fra  the  said  Angnes. 

August  8th. — The  assise  deliuerit  that  Ellene  Clay  wrangit  in  the 
saying  that  James  Lard  staw  certane  silluer  fra  hir. 

The  assise  ordanit  and  deliuerit  that  James  Falconer  sail  conduce 
him  with  ane  master  and  nocht  to  pas  vagane  within  this  bruchg  vnder 
the  pane  of  banessing  of  him  perpetualle  of  the  samyn. 

The  assise  deliuerit  that  Elspet  Troill,  Mage  Troill,  thair  modir  callit 
.  .  wrangit  in  the  striking  of  John  Macynhyne  and  his  spous  and  siclik 
in  awaytaking  of  ane  cow  fra  Johne  Baldone  quhilk  was  takine  in  his 


I541-]  BURGH   COURT   BOOK.  63 

moder  cornis  for  the  quhilkis  the  assise  ordanis  that  the  forsaid  Elspet, 
Mege  and  thair  mothir  be  alluterlie  banest  this  bru'.  conforme  to  the  aid 
actis  maid  of  befoir  and  attour  gif  James  Rob  rasauis  or  rasettis  ony  of 
the  forsaidis  personis  in  tyme  cuming  to  tyne  his  fredome  and  to  be 
banest  inlikuais. 

August  l6th. — Communitas  contra  Zoung.  Thomas  Elder,  alias 
Zoung,  become  of  his  awine  motywe  in  the  prouest,  baillies  and  consell  of 
this  bru'.  in  thair  willis  for  the  cutting  and  distroying  of  the  Schancory 
woid  pertinying  to  the  communate  of  this  bru'.  and  to  vnderlie  thair 
correctioun. 

Alexander  Pedder  wrangit  in  the  breking  of  certane  arrowis.  He 
sail  pay  the  just  availl  of  the  samyn. 

August  22nd. — The  assise  deliuerit  that  Androu  Andersone,  alias 
Kabberis,  wrangit  in  the  drawing  of  Androu  Ratis  hair  and  in  the 
breking  of  Androu  Ratis  dwir  with  ane  ley',  ax,  and  ordanis  the  said 
Androu  Andersone  sail  remain  xxiiij  howris  in  the  tolboyth,  and  gif  evir 
he  committis  sic  ane  fait  in  tyme  cuming  to  be  baneist  the  burgh. 

September  24th. — Allexander  Malcome  was  electit  and  made  freman, 
and  sueir  his  ayth  of  fidelate  to  this  bru'.  and  nychtboris  of  the  samyn, 
and  sail  pay  v  s. 

The  assise  deliuerit  that  Elspet  Coutts,  alias  Troill,  for  the  trublance 
and  wrangis  doune  to  Elezabeth  Tailzour,  and  for  vtheris  greit  cremis 
downe  in  tymis  bygane,  sail  remevf  and  be  banest  this  bru'.  perpetuallie, 
and  gif  it  sail  happine  ony  nechbor  of  this  bru'.  to  rasaue  or  reset  hir, 
quhasumeuer  he  be,  sail  tyne  his  fredome  perpetual!,  becaus  sche  hes 
beine  oft  banest  abefoir. 

The  assise  deliuerit  that  John  Barbur  wrangit  in  casting  of  ane  bowill 
at  Thomas  Ayir  and  hitting  of  him  thairwith  in  the  heid  and  siclik  for 
the  riffing  of  the  said  Thomas  clais,  for  the  quhilkis  crymis  and  vtheris 
crymis  dovne  abefoir  he  salbe  and  is  banest  this  bru'.  perpetuall  lik  as 
he  vas  abefoir  ay  and  qu.  he  vptene  lecence  at  prouest,  baillies,  consell 
and  communate  of  this  bru1. 

October  3rd. — John  Bayne,  burges  of  this  bru'.,  protestit  in  jugement 
for  all  costis,  expensis,  schaithis  optenit  be  the  lard  of  Alter  or  ony 
vtheris  concernyng  ane  goldine  tablet  haldin  and  away  put  be  John  Wat, 
burges  of  the  said  bru'.,  quhilk  tablet  of  gold  the  forsaid  John  Watt 
promist  to  deliuer  to  the  said  John  Bayne  and  rasauit  pament  for  the 
quhilk  the  said  taiblet  was  laid  in  ved  as  the  said  Johne  Bayne  allegit. 


<54  RECORDS  OF  ELGIN.  ['541- 

Mr.  Thomas  Gaderar,  commissar  of  Murray,  complenit  vpon  Robert 
Mawar  for  cassin  ane  stank  upon  ane  taill  pertynyng  to  the  said  Mr. 
Thomas.  The  prouest  and  bailies  ordanis  that  ane  bailie  and  four 
famous  nychtboris  pas  and  caus  the  skayth  dovn  to  be  mendit. 

The  quhilk  day  William  Douglas  mad  protestation  in  jugement  for 
him  self  and  all  vtheris  that  quhasumeuer  persone,  man  or  voman,  that 
gifis  landis  to  thair  barnis  afoir  thair  deid,  thai  and  ilk  ane  of  tham  sail 
forthink  the  samyn  with  thair  harts  or  thay  de. 

Thomas  Kar,  officiar,  passit  at  the  command  of  the  prouest  to  ane 
rud  of  land  lyand  betuyx  the  vicar  pensionar  at  the  est  and  Robert 
Mawar  at  the  vast  on  the  north  syid  of  this  bru1.,  and  presentit  zerd  and 
stane  at  the  instance  of  Johne  Bayne  befoir  thir  witnes,  Sir  Thomas 
Rind,  Thomas  Bayne,  Vm.  Malcom,  John  Rag  and  John  Feldone  for  this 
curt,  and  protestit  for  his  annell  of  the  said  land  for  all  tims  bygane  and 
to  cum. 

The  quhilk  day  William  Gaderar,  elder,  was  electit  and  chosine 
prouest  of  this  bru'.  for  ane  zeir  nyxtocum,  and  suorne  to  exerce  the 
samyn  trevlie  during  the  said  spaice. 

The  quhilk  day  Allexr.  Wynchistir,  zoungar,  John  Forsyth,  Androu 
Gaderar  and  William  Annan  war  menit  and  chosine  baillies  of  this  bru1. 
for  to  exerce  the  said  office  for  ane  zeir  nyxt  to  cum,  and  William  Annan 
and  Andro  Gaderar  suorne  in  jugement  heirto. 

October  i6th.— The  quhilk  day  William  Malcome,  William  Kyncorne, 
Androu  Gibsone  and  Thomas  Kar  was  ellecit  and  chosine  officiaris  and 
serwandis  of  this  bru'.  for  ane  zeir  nyxtocum,  and  suorne  to  vse  the 
samyn  trulie  for  the  said  spaice. 

The  quhilk  day  William  Gaderar,  zoungar,  was  ellecit  and  chosine 
clerk  of  court  of  this  bru'.  for  ane  zeir  and  suorne  thairto. 

The  quhilk  day  James  Leyvnstoune  and  William  Levynstoune  ves 
ellectit  and  chosine  dempstaris  for  ane  zeir,  and  suorne  thairto. 

The  comond  counsell :  the  prouest,  the  four  baillies  [and  eleven 
others]. 

William  Douglas  tuik  to  impreve  ane  transump  and  instrument 
transsumit  out  of  Master  Androu  Cheves  prothogall  buik  of  the  dait  the 
xvi  day  of  Fabruar  in  the  zeir  of  God  IM.  Vc.  xxv  zeris  quhilk  instrument 
continis  the  ressingnation  of  ane  ruid  of  land  maid  to  James  Douglas  be 
his  said  fadir,  William  Douglas. 


IS41-]  BURGH   COURT   BOOK.  65 

October  22nd. — The  prouest,  baillies  [four  baillies  present],  consell 
and  communate  hes  ellecit  and  choisine  William  Gaderar,  zoungar, 
bailie  q11.  Mychalmes  nyxtocum,  and  the  said  William  suorne  to  vse  the 
said  offece  trevlie. 

It  is  statut  and  ordanit  be  the  haill  communate  that  na  derer  ayill  be 
sauld  within  this  bru1.  na  xii  d.  the  gallone  fra  this  fur1,  the  best  that  may 
be  brovine,  and  war  to  be  set  be  the  cunstaris  to  lawar  prece  vnder  the 
pane  of  deling  of  the  samyn  /  and  that  nan  kep  aill  or  refuis  to  sell  the 
samyn  to  ony  persone  for  money  accep  ane  gallon  with  ane  burgess  and 
the  stallingeris  to  sell  continewallie  q11.  it  lastis  vnder  the  payn  of 
escheting  of  the  samyn  and  disponyng  thairof  at  the  baillies  willis. 

It  is  statut  and  ordanit  that  the  leif  of  breid  of  quhit  for  ii  d.  contene 
xxiiij  vncis  and  the  penne  leif  xii  vncis  of  sufficient  stuf,  and  gif  ony 
fait  beis  in  the  veycht  the  baxstaris  to  be  punist  /  and  for  the  gudncs  of 
the  stuf  the  avneris  to  be  punist,  that  is  to  say,  the  baxstaris  for  thair 
fait  salbe  punist  in  thair  bodeis  togidder  with  viii  s.  of  vnlaw  and  ettour 
gif  it  sail  happne  ony  persone  that  vsit  the  craft  to  abstein  thairfra  for 
caus  of  this  statut  it  is  ordanit  that  tha  be  alluterlie  secludit  fra  all 
priuilege  of  baiki"g  for  ane  zeir  heircfter. 

It  is  statut  and  ordanit  that  na  stabillar  nor  vther  persone  within  this 
burgh  sell  deirer  eitis  to  horse  corne  na  iiij  d.  the  pect,  vnder  the  paine  of 
escheting  fra  ilk  person  of  ane  boll  of  the  samyn  for  ilk  defalt  and  ilk 
sellar  or  coper  heue  ane  sufficient  ferlot  and  pect  to  sell  the  samyn. 

It  is  statut  and  ordanit  that  no  persone  within  this  bru1.  balk  eit 
caikis  to  sell  vnder  the  pain  of  deling  of  the  samyn  as  the  baillies  pleis, 
and  attour  that  na  stallenger  cum  to  the  markat  of  vittcllis  afoir  ane  hour 
efternovne  and  to  the  fysch  mercat  that  na  maner  persone  by  vittellis 
nor  fysch  outout  the  commond  merkat  under  the  said  pain,  and  this  act 
to  be  kept  anent  the  flesh  merkat  vnder  sic  payne. 

It  is  statut  that  the  penny  candill  contene  xviii  inchis  in  lenth  and 
ane  beir  corne  in  depnes,  and  sicklik  the  halpane  candill  ix  inchis  and 
the  said  deipnes,  vnder  the  pain  of  disponyng  of  the  samyn  at  the  vill  of 
the  baillies. 

It  is  ordanit  and  statut  that  all  personis  that  hes  laid  ony  gudding  to 
the  gray  freris  dikis  that  the  samyn  be  takine  avay  or  Mununday  at 
evine  nyxt  to  cum,  and  failzeing  thairof  it  salbe  Icsum  to  any  nychtbor 
to  leid  the  samyn  quhair  tha  pies  as  thair  awin  propir  guidding  and 

K 


66  RECORDS  OF  ELGIN.  [IS41- 

siclik  that  all  channcllis  and  wennellis  be  red  be  the  awnaris  of  all 
stopis  (?)  and  guiddingis,  and  failzeand  thairof  it  salbe  lesum  to  the 
baillies  to  despone  the  samyn  quhair  thay  pies  and  to  tak  viii  s.  vnlaw  of 
the  avnaris. 

It  is  statut  and  ordanit  that  all  fremen  and  burges  being  varnit 
sufficientlie  to  compeyr  for  ministratione  of  justcce  sail  enter  at  half  hour 
to  xi  afoir  novnc,  and  failzeand  thairof  sail  pay  iiij  d.  to  the  clerk  for  his 
abscns,  and  gif  he  comperis  nocht  q".  the  assise  beis  chosine,  he  or  thay 
sail  pay  viii  s.  vnforgiffin. 

It  is  ordanit  that  the  officiaris  of  this  bru'.  varne  all  dekins  of  craft  to 
Mununday  nyxt  cumis,  and  thair  gif  all  personis  and  servandis  of  thair 
craftis  in  bill  to  the  proucst  and  baillies. 

October  24th. — The  assise  deliuerit  that  John  Cuming  in  Grene  [and 
others]  wrangit  in  the  ctting  of  the  cornis  pertinying  to  Johne  Bayne 
with  thair  guiddis  as  tha  that  ar  sibtenncndis  to  the  burgh  for  the  landis 
of  Duuellegrenc  quhair  the  saidis  cornis  var  distroit  and  ettin,  and  sail 
pay  to  the  said  John  Bayne  samekill  as  they  can  nocht  guidle  acquit 
tham  be  thair  greit  ayth. 

October  31. — The  assise  deliuerit  that  John  Baxstair  wrangit  in  the 
streking  of  William  Vardan  on  the  heid,  and  sail  pay  i  li.  vax  to  Sanct 
Gclis  lycht. 

The  assise  deliuerit  that  Thomas  Ayir  wrangit  in  bying  of  fresch 
hidis  within  the  boundis  of  this  schyir,  he  beand  vnfre  and  siklik  in 
barking  of  the  samyn  and  selling  the  samyn  to  vnfre  men  and  enterit 
this  schyir  and  siclik  deliuerit  that  William  Donaldsone  vrangit  in 
barking  of  hidis  and  sellying  the  samyn  out  of  this  schyir. 

November  4th. — Cutbert  Cumyng  becom  souerte  for  Thomas  Ayir 
and  Alexander  Reid  for  Androu  Mathow  that  thai  nor  naine  of  tham 
sail  by  fresch  hyidis  within  the  bovndis  of  the  fredoome  of  this  burgh  bot 
fray  fre  men  and  siclik  that  thai  sail  nocht  sell  barkit  ledder  out  of  this 
burgh  bot  vithin  the  samyn  and  to  fre  men  vnder  payne  of  eschetting  of 
the  stuf  and  punissing  of  tham  selfis  and  thair  souerteis. 

December  3rd. — Compcrit  in  jugement  John  Grant  of  Balnadalach 
and  deliuerit  ane  breve  of  our  souerane  lordis  chepell  to  William  Gaderar, 
prouest,  for  dew  serving  of  the  samyn  and  the  .  day  of  Januar  nyxt  to 
cum  assingnit  to  the  said  John  Grant  to  the  effect  forsaid  [ane  breve 
impetrat  be  the  forsaid  John  Grant  of  quhat  landis  and  anvell  rentis  his 
vmq".  fader,  Patrik  Grant,  deit  last  vestit  and  sasit]. 


IS41-2-]  BURGH  COURT  BOOK.  67 

December  5th. — The  assise  deliuerit  that  Allexr.  Syme  sail  cum 
befoir  John  Zoung  on  our  Lady  day  of  Belle  at  the  said  kirk  and  preve 
that  he  pait  ane  boll  of  victell  to  John  Vatson. 

December  I2th. — The  assise  deliuerit  that  Langsande  wrangit  in  the 
avayhalding  of  ane  brovne  quhit  hornit  ox  fra  James  Vynk,  and  auch 
and  suld  deliuer  the  samyn. 


1541-2. 

January  i6th. — Sir  Thomas  Straquhen  protestit  in  jugetnent  for  his 
just  expenses  to  be  had  of  Alexander  Malcom,  becaus  the  said  Allexr. 
causit  arrest  the  said  Sir  Thomas  within  the  said  bru1.  and  na  action 
obtenit  be  him  contrar  the  said  Sir  Thomas. 

The  assise  deliuerit  that  James  Crestisone  wrangit  in  the  broking  of 
Thomas  Lowreis  heid  and  drawing  bluid  of  him  to  greit  quantate,  and 
sail  pay  53.  to  the  said  Thomas  to  ane  amendis. 

The  assise  deliuerit  that  James  Vatsone  wrangit  in  the  avay  taking 
of  ane  bonet  fra  Vm.  Tailzour  and  stranging  of  the  samyn  in  the  myir, 
and  James  Vatson  wrangit  in  the  striking  of  Villiam  Tailzour  on  the 
faice  and  er  with  his  neif.  The  assise  deliuerit  that  Villiam  Tailzour 
wrangit  in  the  away  taking  of  ane  pair  of  gluiffis  out  of  James  Vatsonis 
boyth,  and  calling  of  the  said  James  scabbit  lyper  carlle. 

January  2yd. — The  assise  deliuerit  that  Thomas  Pakman  wrangit  in 
the  trubling  and  striking  of  John  Adesone  vpon  the  kingis  he  streit,  and 
sail  pay  to  the  said  John  thwa  sillingis  to  amendis. 

January  3Oth. — The  assise  deliuerit  that  Elizabet  Frisell  auch  allaner- 
lie  bot  sax  sillingis  to  Janet  Zoung  for  the  quhilk  the  said  Janet  hes  ane 
pot  in  vod  /  the  forsaid  Elizabet  payand  the  said  sax  sillingis  that  scho 
auch  to  hef  her  pot. 

February  6th. — The  quhilk  day  James  Vat,  with  consent  of  the  haill 
communate  beand  present  for  the  tyme,  vas  maid  burges  and  freman  of 
this  burgh,  and  maid  his  ayth  of  fidelate  to  the  samyn,  for  the  quhilk  he 
sail  pay  xxvi  s.  viii  d.  quhen  and  quhat  tyme  he  beis  requirit  with  the 
samyn  with  the  prouest  and  baillies. 

February  I3th. — Thomas  Ayir  protestit  that  in  cais  his  spous, 
Margarat  Artill,  sell,  gif  avay  or  dispone  ony  geir  of  guidis  pertenying 
to  the  said  Thomas  fra  this  day  fordvart  that  the  samyn  be  no  hurt  nor 


68  RECORDS  OF  ELGIN.  [ 1 541  -2. 

preiudece  to  him,  hot  he  may  heue  ingress  to  his  guiddis  and  geir  as 
saidis  without  ony  satisfaction  to  the  parte,  becaus  it  is  vnderstand 
cleirlie  that  the  said  Margaret  hes  disponit  his  geir  in  tymis  bygane  by 
his  avise  and  to  thair  awyn  gret  schaythis,  and  this  maid  knawin  to  all 
and  sundre  be  oppin  intimation  be  Thomas  Kar,  officiar,  at  the  tolboyth 
dwir  this  day  at  the  command  of  the  baillies. 

The  quhilk  day  the  assise  deliuerit  that  Johne  Innes  wrangit  in  the 
calling  of  Nicoll  Moressone  swenger  carle  and  birsyn  carle,  for  the 
quhilkis  he  sail  ask  the  said  Necoll  forgiffnes,  and  gif  evir  he  committis 
sic  ane  fait  in  tymc  to  cum  to  be  banist  this  burgh. 

The  assise  deliuerit  that  Elizabet  Leslie,  spous  to  Hendry  Covper, 
wrangit  in  the  defemyng  of  Alexr.  Malcome  calland  him  trwtor. 

The  assise  deliuerit  that  Maireon  Murray  was  in  ane  amerchiament 
for  the  wrangus  defamyng  of  Androu  Milln  calland  hym  dovr  drunkyn 
beist  and  schabbit  carlis  get  with  vtheris  iniurius  wordis  to  himself  and 
his  vyf,  for  the  quhilkis  sche  sail  desyir  forgifnes  at  the  said  Androu  and 
remayn  xlviii  hovris  in  the  tolboyth  at  the  vill  of  the  prouest,  and  gif 
evir  scho  committis  sic  ane  fait  in  tym  to  cum  to  be  banist  this  burgh. 

The  assise  deliuerit  that  Johne  Bayne  auch  and  suld  content  and  pay 
to  Sir  James  Kar  his  just  expensis  of  his  burd  be  the  spaice  of  xxvi  dais 
lik  as  the  said  Sir  James  deponit  his  greit  ayith  thairupone  bygan  and 
gif  the  said  Sir  James  ane  dais  meit  ovklie  of  his  just  vagis  for  the  samyn 
ay  quhill  the  said  Johne  Bayne  be  dischargit  be  the  prouest,  baillies  and 
consell  of  this  bru'.  thairfor. 

John  Cowe  deliuerit  to  the  baillies  ane  pot  and  ane  pane  as  souerte 
to  the  forsaid  baillies  for  the  vnlavis  anent  Thomas  Pakman,  quhilk  pan 
and  pot  var  apprisit  be  Alexander  Reid,  Vm.  Aldcorne,  Alexr.  Vynchister, 
elder,  and  Androu  Gibsone,  serjand,  to  the  sovm  of  xx  s. 

March  7th. — David  Harde  vas  chargit  be  ane  officiar  in  jugement 
nocht  to  heue  na  talch  out  of  this  realm  conform  to  the  actis  of  parliament 
vnder  the  payne  of  tinsell  of  his  fredovme. 

March  8th.— The  prouest,  baillies,  consell  and  haill  communate  beand 
present  for  the  tyme  hes  set  and  for  maill  lattin  all  and  haill  the  tovne 
and  lands  of  Divuelegrene  with  the  pertinentis  to  thir  personis  vnder- 
writtin,  that  is  to  say,  to  Alexr.  Vynchister,  zoungar,  ane  quarter,  to 
Andro  Gaderar  ane  quartar,  to  John  Zoung,  zoungar,  and  Dauid  Tailzour 
ane  quartar,  and  to  William  Gaderar,  zoungar,  ane  quartar,  ilk  quartar 


I541-2-]  BURGH   COURT  BOOK.  69 

payand  v  li.  at  thwa  termis  in  the  zeir,  Vitsonday  and  Mertemes,  for  all 
the  dais  and  termis  of  iii  zeris  nyxt  heireftir  and  fra  iii  zeir  to  iii  zeir  as 
lang  as  tha  mak  guid  and  thankfull  pament  to  the  tovne  of  the  forsaid 
sovm,  providing  the  forsaidis  Ar.,  Androu,  John,  David  and  William 
occupy  the  samyn  with  thair  avin  propir  plwchis  guiddis  and  cotteris 
with  lecence  to  all  and  sindry  nychtboris,  burgessis  of  this  burgh,  to  cast 
dwuettis  vpone  the  grenis  of  the  said  tovne  and  failzeand  heirof  the 
forsaidis  takkis  to  vaik  eo  facto. 

The  quhilk  day  the  prouest,  etc.,  hes  set  the  croft  of  Tayok  syid  and 
Spittell  croft  to  John  Vat,  Androu  Gibson  and  Alexr.  Williamson  for 
iii  zeris  for  fovrte  sillingis  be  zeir. 

March  I3th. — The  assise  deliuerit  that  Robert  Zoung  is  in  anc 
amerchiament  for  the  wrangus  slaying  of  ane  zow  pertinying  to  John 
Smyth,  and  sail  deliuer  the  said  Johne  ane  zow  als  guid  or  the  just  precc 
thairof. 

The  assise  deliuerit-  that  William  Necoll  is  in  amerchement  for  his 
wrangus  broch  striking  vpone  Andro  Dauidson  allcgand  the  said  Androu 
wrangusle  held  fra  him  iiii  ellnis  and  ane  quartar  of  color  de  roy. 

The  prouest  and  baillies  decernit  that  the  spovs  of  Thomas  Void  sail 
mak  compt  reknyng  and  payment  to  William  Hay  of  xx  s.  for  ane  boll 
of  quhit. 

March  iyth. — The  assise  deliuerit  that  Mvirzell  Caldour  wrangit  in 
hir  broch  strikin  apon  Janat  Anderson  and  Merzoun  Pakman  allegcand 
the  forsaid  Janat  and  Merzone  callit  hyr  commownd  hwir,  pintill  in 
pintill  out  hyr  and  ane  home  at  thair  taill,  freris  hewir,  and  prestis  hewir, 
and  monkis  hewir,  as  was  giffin  for  dowme. 

March  2oth. — The  sudaart  decernit  and  deliuerit  that  the  Annunciation 
of  our  Lady  nyxt  cumis  auch  and  suld  be  assingit  to  James  Wynk  on 
the  tayne  part  and  lang  Sande  on  the  tother  part  to  caus  the  arbitratoris 
convene  in  Sanct  Gelis  Kirk  and  thair  commond  eftir  the  forme  and 
tenour  of  the  actis  maid  abefoir. 

The  assise  decernit  that  Necoll  Moresone  is  in  ane  amerchiament  for 
the  vrangus  trubling  of  the  covrt  sayand  in  jugement  to  Vm.  Gray  myllart 
carlle  and  dovme  giffin  thairupoune. 

The  assise  deliuerit  that  James  Vink  vas  in  ane  amerchiament  for  the 
vrangus  defamyng  of  Vm.  Byrneth  sayand  to  him  in  jugement  lovne  fals 
smaik  that  the  said  Vm.  was  and  siklik  and  he  had  him  furth  of  the 


70  RECORDS  OF  ELGIN.  [l542- 

tolboyth  he  suld  hef  amendis  of  the  said  V».,  for  the  quhilk  the  forsaid 
James  sail  pay  i  li.  vax.  to  Sancte  Gelis  lycht. 

The  assisc  deliuerit  that  Vm.  Birneth  is  in  ane  amerchiament  for  the 
vrangus  saying  to  James  Vink  in  jugement  comond  theif  that  he  vas  and 
that  he  suld  hef  beine  hangit  four  zeir  syne,  for  the  quhilkis  the  forsaid 
Vm.  Birneth  sail  pay  ii  li.  of  vax. 


1542. 

March  3Oth.— The  quhilk  day  Vm.  Gaderar,  provest  of  the  said  bra'., 
and  James  Vrquhart,  prouest  of  Forres,  rasauit  the  ayth  of  John  Forsyth, 
masar,  in  jugement  efter  the  forme  and  tenour  of  our  souerane  lordis 
letteris  dircctit  to  the  forsaidis  provost  thairupone  till  vse  the  offece  of 
serreschep  in  that  part  in  ane  matter  debatabill  betuyx  Sir  Thomas 
Brabuner,  cheplan  of  Sanct  .  chepland  vithin  the  chathedrall  kirk  of 
Murray  and  Sir  Vm.  Hvvme,  chaplane  of  Sanct  Niniane  chaplanry  within 
the  said  kirk  and  thair  tennentis  and  subtennentis  of  the  landis  of 
Flychncs  on  the  tain  part  and  Sir  John  Campbell  of  Caldour,  kny«.,  and 
all  vtheris  heffand  entres  with  the  saidis  landis  on  the  tother  part  efter 
the  forme  and  tenour  of  ane  commission  derectit  be  our  souerane  lord  to 
the  forsaid  John  Forsyth  to  the  effect  forsaid  as  at  mair  lenth  is  contenit 
in  the  samyn  vpone  the  quhilks  rasauyne  of  the  said  John  Forsythis  ayth 
in  jugement  the  forsaid  Sir  Villiam  and  Sir  Thomas  desirit  act  of  covrt. 

April  iyth. — The  assise  deliuerit  that  Thomas  Ayir  wrangit  in  the 
masterfull  cuming  on  Mununday  efter  Paysche  day  that  last  vas  vpone 
David  Gaw  recentle  efter  the  rasait  of  the  blissit  sacrament  and  pulling 
of  the  said  Dauid  Gaw  be  the  crag  and  cruvellie  halding  of  him  at  erd 
and  putting  of  his  thovmis  in  the  said  Dauidis  crag  and  thairefter  riffing 
of  his  flesch,  clays  and  sark  and  leving  him  nakit  and  attour  minassing  of 
the  said  Dauid  Gaw  with  ii  stanis  in  his  handis  sayand  to  him  thir 
vordis  /  be  Goddis  voundis  youe  sail  nevir  pas  heyme  or  for  fee  the  man 
to  me  and  put  thi  thovmis  vnder  my  belt,  for  the  quhilkis  wrangis  the 
assise  ordanis  that  the  forsaid  Thomas  Ayir  sail  content  and  pay  the 
sovme  of  xx  s.  vsuall  money  of  Scotland  in  sythment  to  the  parte,  and 
gif  evir  the  said  Thomas  committis  sic  ane  fait  or  cryme  to  be  banist  this 
burgh  and  tyne  his  fredome  perpetuall. 


I542-]  BURGH   COURT   BOOK.  71 

Comperit  in  jugement  Sir  Archibald  Chayne,  chaplane,  and  desirit 
erd  and  stane  of  ane  ruid  of  land  pertinying  to  James  Hay  lyand  on  the 
sovth  syid  of  this  bru1.  for  non  pament  of  certane  byrunne  anvellis  auch 
to  him  and  this  at  the  first  court  for  proces  of  recunncssing  quhilk  erd 
and  stane  was  rasit  of  the  sayd  land  and  prcsentit  in  jugement  be 
Thomas  Kar,  officiar  at  the  baillies  command,  befoir  thir  vitnes,  John 
Baldone,  Mychell  Etlis  and  John  Taillzour. 

[Margaret  and  Janet  Froster,  sisters  to  the  deceased  Sir  Andrew 
Froster,  are  served  heirs  to  him  in  a  rood  of  land  on  the  north  side  of  the 
burgh.] 

The  assise  deliuerit  that  Alexander  Chapman,  alias  Lang  Sanclc, 
wrangit  in  the  defamyng  of  Ellene  Ternvay  on  Pais  day,  sayand  Ellenc 
slew  ane  gryis  pertinying  to  him  and  that  sche  eit  the  samyn  on  Paischc 
day  that  last  vas,  for  the  qlk  sclandir  and  defamation  the  assise  ordanis 
that  the  forsaid  Lang^tnde  sail  desyr  forgiffnes  at  the  said  Ellene  and 
mak  his  greit  ayth  that  he  knavis  to  hir  bot  lauty  honesty  and  is  ane 
trev  persone. 

The  quhilk  day  Villiam  Hay  vas,  with  consent  of  the  prouest,  bailies, 
consell  and  haill  communate  beand  present  for  the  tyme,  maid  frcman 
and  burges  of  this  burgh,  and  maid  his  ayth  off  fidclate  to  the  Kingis 
graice  and  to  this  burgh  as  vse  is  payand  vi  s.  viii  d.  quhcn  it  beis  requirit 
be  the  baillies. 

The  assise  deliuerit  that  Angnes  Thorne  is  aquit  of  allcgit  wrangus 
avayhaldin  of  ane  sark  fra  Ellene  Ternway  of  iiii  ellnis  lynnyng  as  sche 
that  sweir  in  jugement  that  sche  rasauit  the  samyn. 

April  2oth. — The  assise  deliuerit  that  Effc  Sandesone  vrangit  in  the 
masterfull  streking  of  Ellene  Murray  with  ane  tanggis  on  the  gardes  and 
hurting  of  hir  with  the  samyn,  for  the  quhilkis  wrangis  the  said  Effame 
sail  ramain  xxiiii  hovris  in  the  tolboyth  at  the  vill  of  the  party. 

May  igth. — The  assise  deliuerit  that  Meget  Froster  wrangit  in  the 
blaspheming  of  Robert  Dauidsone  calland  him  commond  theif  and  kill 
brekar,  for  quhilk  iniuris  the  assise  ordanis  that  the  forsaid  Mcget  Froster 
be  banist  this  brugh  instantle. 

May  22nd. — The  assise  deliuerit  that  Nicoll  Moness  is  aquit  of  the 
allegit  wrangus  saying  that  he  suld  cut  Angnes  Stonis  kirtill  to  hir 

a ,  and  the  said  Angnes  in  ane  amercheament  for  the  wrangus  broch 

strik. 


72  RECORDS  OF  ELGIN.  [l542- 

The  assise  decernit  that  Bessie  Mores  wrangit  in  the  calling  of 
Angnes  Stone  thiffis  bird,  Upper  menis  bird,  and  that  hir  moder  was 
drownit  in  ane  wal. 

The  assise  decernit  that  Angnes  Stone  vrangit  in  the  saying  to  Necoll 
Morcssonc  that  shayth  war  it  to  gadder  ane  dussane  of  quyins  and  gar 
lesch  him  quhill  tha  var  ane  inch  of  him  togidder,  for  the  qlk  sche  is  in 
ane  amerchiament. 

June  26th. — The  assise  deliucrit  that  the  moder  of  the  spous  of 
Hendre  Couper  salbe  banist  instantle  out  of  the  boundis  and  frcdome  of 
this  bru'.  pcrpctuall. 

June  30th. — The  assise  deliucrit  that  Cristcn  Varden  wrangit  in  the 
calling  of  Margarat  Froster  vild  meir,  comond  huyr  and  theif. 

The  assise  deliuerit  that  Margarat  Froster  wrangit  in  the  striking  of 
Cristcn  Varden  with  ane  pan  vpoun  the  heid  and  draving  the  said 
Cristenis  hair  to  grcit  quantatc  out  of  hir  heid. 

July  6th. — The  baillies  decernit  that  William  Gregor  aucht  and  suld 
dcliucr  to  Johnc  Moir  ane  firlott  of  meill  and  ane  halfdysch  betuyx  this 
and  Sancte  James  day. 

July  1 8th. — The  assise  deliuerit  that  Megot  Stuart  wrangit  in  the 
defaming  of  Ellenc  Ternivay  and  Margarat  Ternivay  calland  the  said 
Ellen  and  Margarat  shabbit,  clangorit  carlis  birdis. 

The  assise  deliuerit  that  Ellenc  Ternway  vrangit  in  the  calling 
Mcgot  Stuart  schabit,  blerit,  clangorit  carling. 

August  28th. — The  assise  deliucrit  that  Elizabct  Sutherland  wrangit 
in  refusing  to  sell  brcid  of  eitts  to  Thomas  Kar,  freman,  albeit  sche  had 
the  samyn  and  said  to  vtheris. 

September  nth. — An  inquest  fand  and  deliuerit  that  Vm.  Birneth 
being  ane  vnfreman  wranguslic  forstallit  the  burgesses  and  freemen  of 
this  brugh  of  Elgin  in  bying  of  ane  last  of  salmon  fra  vnfremen  being 
pakit  at  the  port  of  Spcy  eftcr  the  quhilk  deliuerancc  the  saidis  jugis 
conforme  to  our  souerane  lordis  lettcris  and  actis  of  parliament  eschetit 
the  said  last  of  salmond  the  tain  half  thairof  to  pertene  to  oure  souerane 
lordis  vse  and  the  tother  half  of  the  samyn  to  the  tovnc  of  Elgin  and  the 
said  Villiam  Byrneth  forther  to  be  punisit  according  to  justice. 

October  2nd. — The  quhilk  day  Johne  Zoung,  elder,  ves  electit  and 
chosine  provest  be  the  haill  communate  for  ane  zeir  nyxt  to  cum  and 
sworne  to  exerce  the  samyn  offece  trelie.  The  quhilk  day  Allexander 


IS42-3-]  BURGH   COURT  BOOK.  73 

Vynchistir,  zounger,  Johane  Zoung,  zoungar,  Robert  Gaderar  and  Dauid 
Harde  var  electit  and  chosin  and  sworne  baillies  for  ane  zeir.  [Four 
officers  were  also  elected  and  William  Gaderar  was  elected  common  clerk 
and  James  and  William  Levingstone  dempsters  all  for  one  year.] 

November  2Oth. — [The  Common  Council  consists  of  the  provost,  four 
bailies  and  ten  other  Councillors.] 

The  prouest  etc.  hes  set  the  comond  tollis  with  the  schamill  maill  to 
Dauid  Tailzour  for  the  spaice  of  thre  zeris  for  the  sovme  of  thventy 
aucht  markis  and  ane  stain  of  thalch  zeirle. 

The  prouest  etc.  hes  assignit  ane  auchenpart  of  land  lyand  vithin  the 
grechip  of  this  bru1.  and  ane  part  thairof  in  Baldonishalch  to  James  Vat 
and  that  be  the  resignatioun  of  John  Brovne  and  the  entres  silucr 
dischargit  to  the  said  James  for  the  surfet  expensis  maid  be  him  in  the 
Kingis  servece  at  the  tovnis  command  novlie  affor  this  act. 

The  assise  deliuerit  that  Andro  Skabertmakar  wrangit  in  the  avay- 
halding  of  ten  sillingis  money  in  pament  of  ane  suord  fray  William  Hay 
in  Innerlochy. 

The  assise  deliuerit  that  Janet  Hay  vrangit  in  the  trubling  of  Angnes 
Baldovne  dravand  hir  hair  and  reving  of  hir  clais  and  dinging  of  hir  in 
the  mylln. 

The  quhilk  day  Allexander  Chepman,  alias  Langsande,  comperit 
personale  in  jugement  as  he  that  was  replegit  be  John  Zoung,  zoungar, 
baillie  of  this  burgh,  out  of  ane  reverand  faderis  court  Patrik,  bischop  of 
Murray,  quha  vas  arrestit  at  the  instance  of  James  Vink  and  souerte 
collarach  fundin  that  the  said  James  suld  hef  justice  this  day  within  this 
covrt  as  terme  peremptour  of  the  forsaid  Allexander,  Quhairfor  the 
forsaid  Allexander  being  present  at  the  fensing  of  this  court  and 
ramanand  q11.  the  end  of  the  samen  and  the  forsaid  James  nor  nain  in  his 
name  comperand  to  persew,  the  forsaid  Allexander  protestit  that  this 
terme  and  day  be  obsoluitour  simpleciter  fra  the  said  James  cleme  be 
rasone  that  this  day  vas  effixit  as  terme  peremptour  as  he  allegit  vpoune 
the  quhilk  protestation  the  said  Allexr.  desyrit  act  of  covrt. 

I542-3- 

January  8th.  —  The  quhilk  day  the  baillies  commandit  Villiam 
Aldcorne,  seriand,  to  pas  to  the  land  of  Andro  Alves,  lyand  in  the  south 

L 


74  RECORDS  OF  ELGIN.  [l$42-3- 

syid  of  this  bru«.  betuyx  the  land  of  Marrone  Rag  at  the  vast  and  the 
land  of  Johane  at  the  est  and  bring  erd  and  stane  of  the  samyn  at  the 
instance  of  Sir  Thomas  Rind,  vicar  pensioner  of  this  burgh,  for  non 
pament  of  x  s.  annell  zeirlie,  and  this  the  forsaid  officiar  did  befoir  thir 
vitnes,  William  Gray  and  Allexr.  Covper  for  the  first  covrt. 

January  1 5th.— The  assise  deliuerit  that  William  Milln  auch  and  vald 
gif  ane  dais  burd  to  Sir  Thomas  Rag  ilk  fourtene  dais  ay  and  quhill  the 
said  Vm.  caus  the  consell  assigne  the  said  Sir  Thomas  to  ane  vthir 
nychtbour  /  and  attoyr  the  said  William  sail  content  and  pay  for  ilk  day 
viii  d.  that  the  said  Sir  Thomas  vill  mak  the  greit  ayth  he  vantit  of  him 
byganc  and  dovme  giffin  thairupoun. 

January  2gth.— The  assise  fand  and  deliuerit  that  Johne  Bayne 
wrangit  in  the  defamyng  of  Sir  James  Kar  in  the  saying  that  all  his 
mothcris  barnis  war  commond  thevis. 

The  assise  deliuerit  that  John  Bayne  wrangit  in  the  avayhalding  of 
ane  dayis  burd  ilk  fyftcne  dais  sen  the  viii  day  of  Maii  last  bypast  fra 
Sir  Thomas  Kar  and  sail  content  and  pay  the  just  awaill  thairof. 


1543- 

April  2nd. — The  proucst  commandit  to  put  Villiam  Hay,  sone  to 
vmq11.  Sir  Thomas  Hay  in  the  suitroll  for  .  ruidis  of  land  and  ane  half 
conform  to  his  evident  maid  thairupoun,  lyand  betuyx  the  land  of  Besse 
.  at  the  vest  and  Master  Allexr.  Douglas  at  the  est,  extending  fra  the 
Kyngis  he  get  at  the  northt  to  the  bak  get  at  the  sovth  vpoun  the  south 
syid  of  this  bru1. 

April  9th. — The  assise  deliuerit  that  Johane  Barbur  auch  and  suld 
content  and  pay  to  Sir  James  Kar  his  iust  expensis  for  ane  dayis  burd 
ilk  xv  dais  that  the  said  Sir  James  vill  mak  fayth  that  he  vantis  of  him 
and  attour  sail  continev  vyth  the  said  John  Barbur  quhill  the  terme  of 
Beltane  nyxt  to  cum. 

Anent  the  actioun  of  iniuris  persevit  be  Master  Thomas  Gaderar, 
pcrsoun  of  Mortlik,  contrar  and  aganis  Villiam  Saidlar  and  his  spous, 
Elezabeth  Sutherland,  that  quhair  the  said  Villiam  Saidlar  and  his  said 
spous  said  and  callit  the  said  Master  Thomas  on  the  kyngis  hee  stret  in 
presens  [of]  diueris  strangeris  javell  prest,  crukit  carlis  get,  theif  carle 


1 543-1  BURGH   COURT  BOOK.  75 

and  cumm  of  carlis  and  siklik  vtheris  iniurius  vordis  /  the  forsaid  Villiam 
and  Elezabeth  beand  accusit  be  the  movth  of  the  provest  for  the  samyn 
thay  cam  in  the  provestis  vill  and  thair  efter  the  provest  be  the  avys  and 
deliuerance  of  the  assise  decernit  and  ordanit  that  the  said  Villiam  sail 
cum  on  Sonday  nyxt  cumis  in  tyme  of  the  confiteor  of  the  hee  mess 
and  thair  in  presens  of  the  haill  parochine  beand  present  for  the  tyme 
sail  ask  the  said  Master  Thomas  forgiffnes  and  say  that  he  falit  in  the 
saying  of  the  aboune  writtin  iniuris  and  offir  to  the  forsaid  Master 
Thomas  ane  vax  candill  conteriand  ane  quartar  of  ane  pund  /  and  attour 
the  assise  ordanis  and  decernis  that  in  cais  the  said  Villiam  and  Elezabeth 
commit  sic  ane  fait  in  tyme  cuming  thay  be  the  tenour  of  this  act 
depreves  tham  of  thair  fredovme  of  this  bru1.  and  salbe  banist  the  samyn 
for  ane  zeir. 

May  1 2th. — Cutbert  Cuming  dischargit  him  off  Sir  Thomas  Rag, 
chepland,  in  giffin  him  a  part  of  his  burd  fra  the  last  terme  of  beltan 
forvard  in  cais  that  the  said  Cutbert  be  nocht  providit  and  helpit  with  a 
part  of  the  commond  landis  nov  vacand  quhairby  he  ma  sustene  the  said 
cheplane,  vpoun  the  quhilk  discharge  and  requisitioun  of  the  provest  with 
the  forsaid  landis  the  said  Cutbert  desirit  act  of  covrt. 

May  2ist. — The  prouest  and  baillies  decernit  and  ordanit  that  Janet 
Moneypenne  alias  Vallace  vif  suld  content  and  pay  to  Robert  Murray  in 
Findorne  fourty  penneis  for  ane  half  zeiris  maill  of  ane  cellar  in  our 
Lade  heych  hous. 

The  assise  deliuerit  that  Hendre  Covper  vrangit  gretumlie  in  the 
saying  to  Ar.  Vynchistir,  zoungar,  bailie  of  this  bru1.  /  quhy  rasauit  ze  the 
chist  than  /  for  the  quhilkis  tha  ordane  the  said  Hendre  to  set  dovn  in 
jugement  and  desyr  forgiffnes  at  the  said  Alex1",  and  mak  fayth  he  said 
the  sayd  vordis  of  malice  /  and  to  deliuer  ane  candill  of  vax  contenand 
half  ane  pund  on  Sunday  that  nyxt  cumis  to  the  viccar  of  Sanct  Gelis 
kirk. 

May  28th. — The  quhilk  day  John  Gaderar  was  kend  nerest  and 
lauchfull  ayir  to  his  vmq11.  fader,  Allexander  Gaderar,  zoungar,  be  ane 
conding  inquest. 

June  5th. — Comperit  personale  Marcus  Abernethy  and  presentit  ane 
broch  allegand  that  Johane  Smyth  and  his  wif  wrangit  and  aganis  the 
law  tuik  ane  pakcall  of  geir  fra  the  said  Marcus  to  keip  within  the  said 
John  Smythis  hous  quhilk  pakcall  contenit  within  it  ane  plaid  of  ten 


76  RECORDS  OF  ELGIN.  [l543- 

ellnis  prece  xx  .s.,  ane  kirtill  of  franch  blak,  prece  four  li.,  ane  maid  pair 
of  hois,  price  viii  s.,  sax  quartaris  hosing  quhyt,  price  sax  sillingis,  ane 
pair  of  knyfis,  price  ii  s.,  thvva  pair  new  schowin,  price  xxxii  d.,  ane  breid 
knyf  four  sillingis  and  ane  doublet  of  canves,  price  vis.  viiid.  [John 
Smith  and  his  wife  denying,  the  case  is  referred  to  an  assise  of  fifteen 
persons  who  find  that  John  Smith  and  his  wife  are  quit  of  the  claim.] 

July  6th. — Valtir  Innes  vas  decernit  to  pay  to  Johane  Innes  xxviis. 
vsuall  money  for  ane  ferekin  of  saip. 

The  assise  dcliucrit  that  David  Gaw  wrangit  in  the  masterfull  streking 
of  Effc  Sandesone,  spous  to  Androu  Gibsone,  and  castand  the  forsaid 
Effam  and  hir  zoung  barne  in  hir  armis  in  ane  myir  and  giffing  of  hir 
iniurius  vordis  and  attour  dcliuerit  that  the  forsaid  Dauid  wrangit 

grctumlie  in  the  filing  of  John  Zoungis  well  by  d in  the  samyn  and 

siclik  that  he  wrangit  in  the  saying  that  he  vald  do  the  samyn  in  despiyt 
of  the  provest  for  the  quhilkis  the  said  assise  ordanis  that  the  said  Dauid 
sail  set  dovnc  on  his  kneis  in  jugement  and  desyir  remit  at  the  provest 
for  the  fait  committit  to  him  and  for  that  cryme  and  the  vtheris  aboue 
writtin  salbe  remouit  this  bru'.  fra  inhabitatioun  in  dwelling  within  the 
samyn  for  the  spaice  of  ane  zcir  nyxt  heir  efter  and  that  he  sail  nocht 
weir  ane  knyf  nor  sword  within  this  bru'.  induiring  the  forsaid  spaice  and 
sail  clens  and  dycht  the  veil  filit  be  him  incontinent,  felzeand  thairof  his 
redeast  guidis  to  be  takin  to  do  the  samyn. 

Angnes  Robertsone  tuik  the  penult  day  of  this  instant  moneth  to 
preve  compt,  rekning  and  pament  to  Alexr.  Vynchister,  elder,  of  five 
bollis  i  fir.  fcrme  of  tua  zeris  bygane  for  ane  croft  and  ane  quartar  of  the 
Suyttynakiris. 

John  Bayne  tuik  the  penult  day  of  this  moneth  instant  to  preve  that 
Johane  Innes,  elder,  bocht  ane  haberioun  for  vi  lib.  fra  the  said  John 
Bayne. 

The  assise  deliuerit  that  Valtir  Innes  sail  content  and  pay  to  Johanne 
Innes  ane  crovne  of  gold  contennand  xxii  s.  or  xxii  s.  quhit  money  quhiik 
crovne  vas  deliuerit  be  the  said  John  to  the  said  Valtir  in  arlis  of  ane 
biging  in  part  of  pament  thairof  and  nocht  as  tynt  money  in  cais  the 
remanent  money  vas  nocht  pait. 

July  30th.— The  assise  deliuerit  that  the  spous  of  Magnus  Russell 
wrangit  and  is  in  ane  amerchement  for  the  wrangus  blasfemyng  and 
defamyng  of  William  Cuming  calland  the  said  Villiam  wolf  facit  carle 


1 543-]  BURGH   COURT  BOOK.  77 

with  diueris  vtheris  iniurius  vordis  for  the  quhilkis  sche  sail  remane 
xxiiij  hovris  within  the  tolboyth  at  the  vill  of  the  party. 

David  Tailzour  beand  sworne,  the  haliedome  be  him  twychit,  deponit 
that  Johne  Bayne  vas  avand  to  him  the  sovme  of  thre  li.  iii  s. 

Thomas  Smyth  becom  oblist  and  actit  to  releve  Johane  Tailzour  at 
the  handis  of  Sir  Alexr.  Sincler  of  ane  boll  victell. 

August  2Oth. — The  quhilk  day  Allexr.  Dunbar  of  Cumnok,  sercff 
princepall  of  Elgine  and  Forres  becum  oblist  of  his  avyne  fre  vil  to  grant 
to  varrand  Johane  Innes  at  the  handis  of  John  Bayne  of  ane  haberioune  / 
quhilk  the  said  Allexr.  Dunbar  grantit  him  hevand  in  his  possessioun  and 
arrestit  be  his  officiaris  at  the  instance  of  Johane  Grant  of  Balnadaloch 
as  stollin  fra  the  said  Johne  Grant  as  he  allegit. 

Vm.  Douglas,  elder,  paroch  clerk  of  Elgin  personale  present  in  juge- 
ment  protestit  that  quhat  the  provest,  baillies,  consell  and  communate 
dois  or  hes  dovne  tovart  the  presenting  of  or  avay  giffing  of  thair 
ellectionys  of  the  said  paroch  clerkschip  to  my  erle  of  Murray,  Master 
Thomas  Hay  or  ony  vtheris  be  not  hurt  or  preiudece  to  him. 

August  23rd. — The  prouest  at  the  command  of  the  baillies  consell 
and  communaty  assignit  ane  of  the  auchenpairtis  quhilkis  var  possedit 
be  wmq11.  Sir  Thomas  Hay,  vicar  of  Duffus  (and  now  vacand  be  the  said 
Sir  Thomas  deces)  to  Villiam  Malcome,  burges  of  the  said  bru'.  and 
dischargis  all  entres  siluer  or  vtheris  exactionis  quhatsumeuir  to  the  said 
Villiam  for  his  expensis  and  laboris  to  be  maid  now  instantle  in  ryding 
with  the  erle  of  Murray  to  the  Month  for  besenes  concernyng  the  veill 
of  this  realm  providing  that  the  said  Villiam  sustene  ane  preist  to  the 
vphald  of  Godis  seruice  according  to  the  quantate  of  the  said  land  as 
vtheris  nychtboris  dois.  [The  other  auchten  part  that  belonged  to  Sir 
Thomas  was  assigned  to  John  Watt  for  like  service,  and  on  like  conditions. 
Janet  and  Mege,  sisters  of  Sir  Thomas,  had  been  legally  served  heiresses 
to  him.  The  claims  of  William  and  James,  the  vicar's  sons,  were 
naturally  disregarded  in  these  proceedings.] 

October  ist. — Comperit  personalie  in  jugement  ane  devoit  fader  freir 
Johane  Cristisoune,  subpreor  of  the  freris  predicatouris  of  this  burgh, 
and  oppinlie  presenttit  ane  protectioun  grantit  and  giffin  be  our  souerane 
lade  Mare  Quene  of  Scotland  vv«.  awise  consent  and  authorety  of  hir 
derrest  cousing  and  tutour,  James  Erie  of  Arran,  Lord  Hamiltoune, 
protectour  and  gouernour  of  this  realme  to  the  provincial!,  prioris,  bredyr 


78  RECORDS  OF ''ELGIN.  [lS43- 

and  sisteris  of  the  said  ordour  within  thes  realm  as  at  mair  lenth  is  contenit 
within  the  said  protectioun,  daittit  at  Stirling,  the  auch  day  of  September, 
in  the  zeir  of  God  IM.  Vc.  and  xliii  zeris,  and  subscrivit  with  the  said 
tuttour  and  gouernoris  handis.  Efter  the  quhilkis  presentation  and 
publict  reding  of  the  said  protectioun  the  forsaid  fader  desirit  act  of 
court 

William  Gaderar,  elder,  was  electit  provest  be  all  the  haill  communate 
present  for  ane  zeir. 

October  i5th. — The  prouest  and  baillies  with  avyise  of  the  consell 
causit  ane  officiar  to  pas  to  the  mercat  croce  and  siclik  to  the  tolbouytht 
duyr  and  thair  be  oppin  proclamatioun  chargit  all  personis  our  souerane 
ladeis  legis  that  nayne  of  tham  mak  ony  mercat  by  or  sell  with  Megott 
Trovp,  spovs  of  James  Vat,  becaus  it  is  knawin  that  the  said  Megott  is 
ane  inordinat  delapedar  and  vaister  of  hir  said  husbandis  guidis. 

October  29th. — John  Bayne  being  persevit  be  Sir  James  Kar  for  the 
wrangus  avayhalding  of  ane  dais  meit  anis  ilk  fyftene  days  sen  Januar 
vas  ane  zeir  the  forsaid  Johane  Bayne  tuik  the  fyft  day  Nouember  to 
preve  him  dischargit  of  samyn  clayme  ay  and  sen  the  dayt  of  ane 
writing  maid  betuyx  the  said  Sir  James  Kar  and  the  said  Johane  Bayne. 

November  iQth. — John  Bayn  beand  persewit  for  the  wrangus  with- 
halding  of  ane  dais  burd  from  Sir  James  Kar  anis  in  the  vik  for  ane  zeir 
bypast  togidder  with  ane  other  dais  burd  ilk  xv  dais  sen  ane  zeir  and  a 
half  bygane  the  said  John  hes  tayn  the  thrid  day  of  December  to  preve 
the  premises  dischargit. 

December  3rd. — John  Bayne  vas  decernit  to  pay  to  Sir  James  Kar 
the  just  expense  and  availl  for  ane  dais  burd  ilk  xv  dais  sen  the  makyng 
of  ane  writine  and  dait  thairof  quhair  the  said  Sir  James  dischargit  the 
forsaid  Johan  of  all  burd  afor  the  dait  of  the  samyn  for  the  sovme  of 
xiii  s.  iiiid. 

December  loth. — The  prouest  and  baillies  decernit  and  ordanit  that 
pindis  suld  be  rasit  and  apprisit  of  Allexander  Williamsoun  to  Sir  James 
Kar  for  the  availl  of  the  said  Sir  James  burd  bygane  samekle  as  he  vill 
mak  fayth  he  vantis  and  sail  in  tyme  to  cum  contenov  with  the  said 
Sir  James  q".  he  be  dischargit  be  the  consell  of  this  burgh. 

The  assise  deliuerit  that  Jonet  Zoung,  spous  to  Androu  Milln,  hes  just 
titill  and  rycht  to  ane  almery  boycht  fra  Antoun  Hossak  for  xxx'x  vi  s. 

James  Murray  vas  decernit  be  decreit  of  court  to  content  and  pay  to 


1 543-4-]  BURGH  COURT  BOOK.  79 

Allexander  Barklay  the  sovm  of  x  s.  quhilk  was  modefeit  be  the  provest 
and  baillies  for  the  leching  of  ane  vound  on  the  said  James  arme. 


1543-4- 

January  2 1st. — The  quhilk  day  anent  the  lamentable  complaint  mayd 
be  Alexr.  Malcom  to  the  provest  and  bailzeis  vpoun  Angnes  Stone,  his 
spous,  schawand  quhair  the  said  Angnes  hes  sauld,  disponit  and  vaistit 
his  guddis  and  geir  to  his  greit  schait  and  harschip  besekand  the  provest 
and  bailzeis  forsaid  to  put  remeid  thairto  according  to  justice,  Quhairfor 
Villiam  Kyncorne,  officiar,  past  at  the  command  of  the  forsaid  provest 
and  bailzeis  to  the  towboyth  duyr  of  the  burgh  and  oppinly  command 
and  chargit  all  and  sindry  personis  that  nan  suld  by,  sell  nor  reset  ony 
guiddis  pertenying  the  said  Alexander  and  Angnes  his  spous  in  tym  to 
cum  vnder  the  pane  of  law  with  certificatioun  to  tham  and  every  ane 
of  tham  that  the  guddis  rasauit  fra  hir  be  tham  salbe  deliuerit  to  the  said 
Alexr.  hir  husband  without  satisfactioun  of  the  guddis  or  money  debursit 
be  the  resettoris. 

February  nth. — Master  Alexr.  Douglas,  soun  and  ayir  to  vmq". 
James  Douglas,  on  the  tain  part  and  John  Bayne  on  the  thother  part, 
becom  oblist  and  sworn  in  jugement  to  abid,  stand,  vnderly  and  fulfill  the 
sentens,  decreit  and  deliuerians  of  honorabill  men,  that  is  to  say,  William 
Hay  of  Main,  James  Innes  in  Drany,  Master  Hew  Cragy  and  Sir 
Souering  Stuart  or  ony  tua  of  tham  as  amicabill  compositouris  with 
Master  Gavin  Leslie,  persoun  of  Kyngusse,  ourman  anent  the  claym  of 
certane  ayirdovme  clemit  be  the  said  Master  Alexander  fra  the  forsaid 
John  Bayne  and  siclik  all  and  sundre  vther  clamis  betuyx  bayth  the  said 
parteis  and  the  saidis  personis  to  be  convenit  be  ony  of  the  parteis  and 
to  begyn  on  Sunday  that  nyxt  cumis,  viz.,  the  xvi  day  of  Februar  instant 
within  our  Lady  lill  of  the  Cathedrall  Kirk  of  Murray  efter  novn  the 
sovne  beand  vp  and  to  decyd  and  deliuer  in  the  said  actioun  betuyx  that 
and  fastenis  evin  nyxt  thairefter. 

February  i8th. — Villiam  Innes,  flessour,  vas  decernit  to  content  and 
pay  to  Sir  Johne  Chanvell  xii  s.  vsuall  money. 

The  assise  deliuerit  that  Thomas  Elder  auch  and  suld  releve  ane  pot 
pertenying  to  Marroun  Murray  out  of  Sir  Archibald  Coventras  handis 


80  RECORDS  OF  ELGIN.  [1543-4- 

quhilk  vas  takin  for  the  said  Thomas  annellis  to  be  deliuerit  to  the  said 
Marroun. 

Gilbert  Kemp  vas  acquit  of  the  claym  of  Ivi  s.  of  bow  caill,  clamyt 
be  Thomas  Nevane. 

March  22nd. — Angus  Williamsoun,  bastard  sonne  to  William  Lauch- 
lansoun,  presentit  ane  ligitimatioun  of  our  souerane  lade  the  quenis  graice 
grantit  to  the  said  Angus  to  William  Gaderar,  elder,  provest  of  the  said 
bru'.  to  be  proclamit  at  the  mercat  croce  and  thairefter  the  said  provest 
causit  proclame  the  said  ligitimatioun  as  efferit  quhilk  ligitimatioun  vas 
giflen  vnder  our  forsaid  souerane  Ladeis  great  seill  at  Edinburgh  the 
xv  day  of  Januar  in  the  zeir  of  God  IM.  Vc.  and  fourte  thre  zcris. 


1544- 

March  3 1st. — The  assise  deliuerit  that  John  Bayne  is  acquit  of  the 
clcym  of  ane  rois  nobill  clamit  be  William  Douglas. 

August  1 8th. — Johane  Stuart,  burges  of  Dunde,  becom  in  the  tovnis 
will  for  certane  actionis  vnder  written  that  is  to  say,  for  breking  of  bovik 
of  certane  small  salt  being  in  his  schip  and  nov  within  our  port  of  Spey 
and  selling  of  the  samyn  to  Allexander  Rodan  and  James  Rodan, 
vnfremen,  and  siclik  for  the  vsing  of  ane  vthir  mesour  nor  the  comond 
mesour  of  this  bru'.  to  met  the  said  salt  and  attour  for  the  breking  of  ane 
arrestment  maid  be  John  Murray,  officiar,  vpoun  the  said  salt  and  siclik 
for  the  refusing  of  the  sise  boll  to  the  bailleis  and  dovme  gevin  thairupoun. 

The  assise  deliuerit  that  David  Tailzour  hed  juist  rycht  to  v  zeris  tak 
of  samekill  of  our  Lady  heycht  hous  as  he  tuik  fra  Robert  Murray 
payand  to  the  said  Robert  zeirly  xl  s. 

August  25th. — John  Bayne  and  Andro  Mylln,  burgessis  of  this 
brugh  becom  in  the  tovnschipis  will  for  the  wrangus  bying  of  the  guiddis 
being  within  ane  fransch  schip  within  the  privilege  of  this  brugh  quhilk 
tovnschip  hes  dischargit  the  will  and  wrang  for  guid  causis  and  statutis 
that  in  cais  ony  burges  or  vthir  persoun  do  sic  lik  in  ony  tyme  to  cum 
the  burges  to  tyne  his  fredovme  and  the  stallinger  to  be  banist  for  zeir 
and  day. 

October  6th. — James  Pedder,  officiar,  past  at  the  command  of  the 
provest  and  baillies  to  the  land  pertening  to  Androu  Alves  and  thair 


f! 


it  poir  «5itl%jistkM}  llmm,Vi5-fti<i 


-*=s? 


it. 


•  n*n  /^t»fm«  non-  u 

^_^  v 


rtftamt 

li 


CONFIRMATION  CHARTER   BY  THOMAS  DUNBAR,  EARL  OF  MORAY,  TO  THE  OUILDRY 
OF  ELGIN.  1396- 


1 544-5-]  BURGH  COURT  BOOK.  8 1 

rasat  erd  and  stane  and  presentit  the  samyn  in  jugement  at  the  instans 
of  Sir  Archibald  Coventry,  cheplane  and  procurator  for  the  cheplanis  of 
the  Chenroy  Kirk  of  Murray,  for  non-payment  of  vi  s.  anvell  zeirlie 
to  the  said  cheplanis  and  this  is  for  the  third  covrt  befoir  thir  vitnes 
William  Murray  and  Ferquhar  Flessour. 

October  I2th. — The  quhilk  day  for  stanching  of  the  greit  trubill  and 
cumyr  dale  maid  to  the  provest,  baillies  and  wtheris  nychtboris  of  the 
said  brugh  be  Sir  James  Kar,  cheplane  of  the  ruid  seruice  within  the 
paroch  kirk  of  the  forsaid  brugh  /  consernyng  the  vant  of  the  forsaid  Sir 
James  dalie  sustentatioun  of  meit  and  drink  for  all  the  dais  of  the  said 
Sir  James  lyftyme  /  auch  be  the  saidis  provest,  baillies,  nychtboris  and 
thair  successoris  of  the  said  bru1.  /  lik  as  instruments,  sententis,  actis  and 
wtheris  processis  gottin  thairupoun  proportis,  notwithstanding  the 
premissis  it  is  fynalie  concordit  and  agreit  betuyx  the  prouest,  baillies, 
consell  and  communate  present  for  the  tyme  for  them  and  thair  successoris 
.  .  .  that  the  forsaid  Sir  James  Kar  sail  hef  zeirlie  tucff  mcrkis 
wsuall  money  of  this  -realme  to  be  pait  at  tua  termis  in  the  zcir  viz. 
Vitsounday  and  Mertemes  be  equall  portionis  out  of  the  comond  purs  of 
the  said  brugh  /  .  .  .  for  all  the  dais  of  the  said  Sir  James  lyftyme 
in  compleit  pament  of  the  forsaid  Sir  James  sustentatioun  of  meit  and 
drink  for  the  quhilk  the  said  Sir  James  dischargis  the  provest,  bailzeis, 
consell  and  communate  present  and  to  cum  of  all  burd  and  sustentatioun 
in  meit  and  drink  bygane  and  to  cum  .  .  .  providing  alvais  that  the 
forsaid  Sir  James  contenew  in  dwing  and  vphalding  of  Goddis  scrwice 
twyching  the  kirk  and  schovill  in  tymeis  to  cum  as  he  hes  dovne  in  tymes 
bygane  .  .  .  Ita  est  diis  Jacobus  Kar  manu  propria. 

November  i/th. — Alexr.  Watsoun  vas  decernit  to  deliuer  auch  franch 
hattis  to  John  Bayne. 

December  I5th. — Twyching  the  claym  of  ane  tcrtan  plaid  clamit  be 
Androu  Brus  fra  Jonet  Leslie  /  and  siclik  the  claym  of  ane  russett  cloik 
clamit  be  the  said  Jonet  fra  the  said  Androu  it  is  ordanit  by  the  prouest 
that  bayth  the  saidis  parteis  preve  the  availl  of  thair  clamis. 

Martein  Slaitter  vas  decernit  to  pay  to  Allexr.  Milln  the  sovm  of 
ix  s.  for  vi  brok  skynis. 

1544-5- 

January  I2th. — The  quhilk  day  Johane  Murray,  officiar,  past  at  the 
comand  of  the  provest  to  ane  ruid  of  land  lyand  on  the  southt  syid  of 

M 


82  RECORDS  OF  ELGIN.  [1544-5- 

said  burgh  betuyx  the  landis  of  Marroun  Rag  on  the  vast  and  Archibald 
Stronoch  on  the  est  and  thair  rasit  crd  and  stayne  and  presentit  the 
samyn  in  jugcment  at  the  instans  of  Sir  Archibald  Coventry,  procurator 
for  the  haill  cheplanis  of  the  Chanonry  Kirk  of  Murray  for  non  pament 
of  vis.  annell  zcirlie  to  the  said  cheplanis  and  this  as  the  fcrd  court 
befoir  thir  witnes  Johanc  Baldoun  and  Alexr.  Murray. 

The  quhilk  day  Johane  Murray,  officiar,  past  at  the  command  of  the 
provest  to  ane  ruid  of  land  pcrtenying  to  Androu  Alves  lyand  on  the 
sovtht  syid  of  the  said  bru'.  betuyx  the  land  of  Archbald  Stronoch  at  the 
est  and  Mcrroun  Rag  at  the  vast  and  thair  rasit  erd  and  stane  and 
presentit  the  samyn  in  jugcment  at  the  instans  of  Sir  Thomas  Ruid, 
vicar  pensionar  of  Elgin  and  collector  to  the  haill  cheplanis  of  the 
parochc  kirk  forsaid  for  non  pament  of  vs.  annell  zeirlie  to  the  said 
cheplanis,  and  this  for  the  fyift  court  befoir  thir  witnes  Allex'.  Murray 
and  Johnc  Baldoun. 

March  1 2th. —Sir  Andrew  Forstir,  cheplande,  maid  Sir  James  Kar, 
chepland,  Johane  Zoung,  zoungar  [and  others]  his  procuratoris  [in  an 
action  against  John  Robertson]. 


1545- 

May  nth. — Compcrit  anc  honest,  grave  agit  man,  William  Dowglas, 
cldar,  and  gaif  in  ane  lamentabill  complentt  and  petitioun  in  write  beand 
oppinlye  in  jugement  red,  bcrand  in  effect  that  the  said  Williame  hes 
benc  of  befoir  anc  honest,  substantious  gentleman  and  nychtbour  and 
sum  tymc  bailze,  provest  and  gyll  brother  off  the  said  brugh,  and  had  in 
guidis  sufficientlie  and  honcstlie  to  sustene  him  quhilkis  be  the  hand  of 
God  hed  failzeitt  and  throch  favor  and  delectation  he  hed  to  his  son, 
Gawyne  Douglas,  resignit  the  maist  partt  of  his  heretage  and  landis 
.  .  .  with  reseruation  of  the  frank  tenement  of  the  saidis  tuo  ruidis 
and  ane  half  of  landis  and  croftis  to  the  said  William  Douglas  for  all  the 
dayis  of  his  lyftyme  bot  alsua  to  dispone  the  same  in  tyme  of  necessate 
gif  the  samyn  happin  to  the  said  William  Douglas  .  .  .  the  said 
Gawyne  Douglas  in  fraude,  hurt  and  preiudece  of  the  said  William  his 
fader  without  his  consent  maid  ane  alienation  of  the  saidis  landis  and 
croftis  to  Master  Thomas  Hay  without  ony  maner  of  respect  to  the  said 


1 545-]  BURGH  COURT  BOOK.  83 

William  his  faderis  frank  tenement  .  .  .  the  said  William  Douglas 
besekand  me,  William  Gaderar,  provest  of  Elgin,  to  cays  be  warnit  the 
saidis  Gawyne  Douglas  and  Master  Thomas  Hay  befoir  ane  assise  in 
termis  of  divers  burrow  lawis  maid  be  kingis  of  Scotland  [having  power 
to  dispone  and  sell  the  said  lands  and  crofts  for  his  sustentation  in  his 
great  indigence.  Master  Thomas  Hay  appeared  for  himself  but  Gavin 
did  not  appear].  The  assise  (fifteen  in  number,  including  Peter  Thomson 
"  pursavant  of  Edinburgh  ")  deliuerit  that  the  said  William  Dowglas  was 
for  the  instant  tyme  cum  in  and  fallin  in  gryt  indigence  and  povertie 
nocht  hawand  na  maner  of  mowable  guidis  to  the  avale  of  vs.  to  sustene 
him  on  and  that  his  guids  nocht  put  away  nor  dilapidat  in  the  said 
Williamis  defalt  and  thairfor  that  the  said  William  Douglas  be  vertew 
off  his  gryt  necessate  and  indigence  oppinlye  and  manifestlie  knawin  to 
all  his  nychtboris  off  the  said  burgh  and  be  the  tenour  and  affect  of  the 
instrument  of  transumpt  and  lawis  of  Scotland  producit  and  as  was 
perfytle  knawin  to  the  said  assise  hes  full  power  to  sell  and  dispone  his 
saidis  tua  ruidis  and  half  ane  ruide  of  landis  and  croftis  for  his  neidfull 
sustentatioun  be  resoun  that  the  franktenement  of  the  saidis  landis  and 
croftis  and  profettis  thairoff  mycht  nocht  honestlye  sustene  the  said 
William  Dowglas  and  als  becaus  the  said  Master  Thomas  allegand 
interes  to  the  saidis  landis  and  croftis  beand  requyrit  in  jugement  to 
sustene  the  said  William  Douglas  in  sobir  maner  refusit  and  thairfor  it 
was  fundin  be  the  said  assise  lesum  to  the  said  William  Douglas  to  sell 
and  dispone  apon  the  said  landis  and  croftis. 

May  1 5th. — Andro  Mylln  becom  oblist  as  souerte  for  Thomas  Erode 
of  that  ilk  to  releve  the  executoris  of  ane  uinq11.  noble  Lord  James  Erlle 
of  Murray,  quhom  God  assolze,  at  the  handis  of  Mathew  Duncansoun  of 
ane  certane  sovm  of  money  left  be  the  said  wmq11.  Eric  in  his  testment  to 
the  said  Mathew  for  the  quhilk  sovme  William  Hay  of  Mayn  is  becum 
souerte  to  pay  the  forsaid  sovm  to  the  said  Thomas  Erode  of  that  Ilk 
.  .  .  and  siclik  the  said  Andrew  Mylln,  souerte  for  the  said  Thomas 
Erode  to  deliuer  ane  brovne  hors  betuyx  this  day  and  viii  hovris  at  evin 
of  the  xvi  day  of  this  instant  moneth  to  ane  noble  Lade  Elezabet 
Countes  of  Murray  quhilk  hors  was  takin  be  the  said  Mathew  fra  the 
said  Lade. 

June  ist. — Alexander  Falconer  previs  ane  suord  deliuerit  be  him  was 
vorth  xxv  s.  iiij  d. 


84  RECORDS  OF  ELGIN.  ['545- 

Andro  Mylln  as  he  that  allegit  him  taxman  (conform  to  taxation 
contenit  in  the  kyngis  actis)  to  the  haill  biging  and  land  callit  our  Lady 
hous  protestit  in  jugement  for  vi  s.  i  d.  ilk  day  that  Alexr.  Tailzour 
ramanis  in  the  said  land. 

The  assise  deliuerit  that  Androu  Boneman  as  ayr  to  Edvart  Boneman 
sail  content  and  pay  to  Besse  Kynnard  the  sovm  of  iii  li.  vsuall  mone 
vnder  this  restrictioun  that  the  said  Besse  sail  suir  the  grete  ayth  and  tua 
leill  men  in  hir  handis  /  quhilk  men  salbe  considerit  famous  be  the 
provest  /  that  sche  deliuerit  the  said  sovm  of  iii  li.  to  the  said  Edvart 
and  hes  nocht  rasauit  pament  thairfor  in  ony  sort  bygane. 

June  5th. — Alexander  Milne  becomes  oblist  to  give  a  zeris  tack  of  a 
buyth  in  our  Lade  heych  hous  for  xiii  s. 

June  i6th. — The  relict  of  David  Tailyour  offerit  to  preve  that  sche 
hed  certane  zeris  takis  to  cum  of  anc  part  of  our  Lade  Heych  hous  qlk 
Andro  Milln  clemit  to  have  tax  of  the  same. 

The  assise  deliuerit  that  Margarat  Hay  wrangit  in  the  oppin 
sclandering  of  Margratt  Baffour  sayand  the  said  Margarat  Baffour  vas 
anc  huyr  and  ane  wyche  and  that  sche  zeid  widersonnis  about  mennis 
hous  sark  alane  and  hir  hayr  abone  hir  eyne  for  wyche  craft,  for  the 
quhilkis  iniuriis  and  wrangis  the  said  assise  ordanis  the  said  Margarat 
Hay  sail  mak  the  greit  ayth  that  sche  knavis  nocht  bott  gud  and  honeste 
to  the  said  Margrat  Baffour  and  sail  ask  the  said  Margarat  Baffouris 
forgifnes  in  jugement  and  gif  sche  beis  fundin  in  tym  to  cum  flytand  or 
sayand  sic  iniurius  vordis  to  ony  persoun  within  this  bru1.  sche  sail  be 
utterlie  secludit  this  bru1.  and  banist  thairfra. 

Mr.  Andro  Strang,  chaplane  of  the  chaplanry  of  our  Lade  within  the 
paroch  kirk  of  this  burgh  claims  certane  croftis  fra  John  Robertsoun 
Mr.   Andro  Strang  maid    Sir  John    Gibson    and    Sir  Androu  Vallace, 
chaplanis,  his  procuratoris  in  his  action  against  John  Robertson. 

July  6th. — [As  Lady  Chaplain  Mr.  Andrew  Strang  owned  three  crofts] 
The  assise  find  that  John  Robertson  has  done  na  wrang. 

July  24. — The  quhilk  day  Hcndre  Wynchistir,  James  Gardyn,  James 
Mychell,  Robert  Innes,  William  Adam,  William  Bolmanach  and  Gilbert 
Kemp  war  maid  fremen  and  sueyr  the  ayth  of  fedelate  as  vse  is,  ilk 
persoun  to  pay  the  sovmes  vndir  writin  respectiue  James  Gardin  to  ryid 
to  the  oist  and  to  gett  to  support  him  .  s.,  Hendre  Vynchistir  siclik, 
James  Mychell  to  pay  xl  s.,  Robert  Inncs  xiii  s.  iiij  d.,  William  Adam 
xxvi  s.  viii  d.,  William  Bolmanach  .  s.,  Gilbert  Kemp  xx  s. 


1 545-]  BURGH   COURT  BOOK.  85 

September  gth. — The  assise  deliuerit  be  the  movth  of  James  Innes  of 
Drany,  chancier  of  the  samyn,  that  James  Murray  and  Thomas  Wmffray 
respectiue  wrangit  in  the  outtaking,  filing  and  hewing  of  the  trein  corce 
anent  the  Gray  freris  vynd  of  this  burgh,  that  is  to  say,  the  said  James 
for  the  outtaking  and  filing  thairof  and  the  said  Thomas  for  the  cutting 
and  heving  of  the  samyn,  for  the  quhilkis  the  said  James  salbe  put  in  ane 
pair  of  stokis  during  auch  dais  and  auch  nychis  nyxt  heireftir  contegue 
with  the  said  corce,  and  the  said  Thomas  notwithstanding  his  absens  to 
be  punist  quhov  sovn  he  may  be  apprehendit  in  sembable  maner. 

The  assise  deliuerit  that  Wyncent  Robertsoun,  Robert  Murray, 
Thomas  and  Johne  Clerak,  Bleis  Alves,  James  Murray,  Thomas  Vmfray 
and  Alex1".  Eitlis  wrangit  in  leving  the  rovm  commandit  to  tham  to  vach 
be  the  baillie  the  last  Sunday  at  evin,  for  the  quhilk  tha  and  ilk  ane  of 
tham  sail  ramayn  within  the  tolboyth  ay  and  quhill  souerteis  be  fundin 
that  thair  vnlawis  be  payt  vnforgevin. 

The  assise  deliuerit  that  Androu  Allan  wrangit  in  the  maisterfull 
streking  and  bluid  drawing  with  ane  knyf  of  Robert  Mawar,  he  being  in 
the  tovnschip  seruice  kepand  the  eist  port,  for  the  quhilkis  the  said 
Androu  sail  ramayn  xlviii  houris  in  the  tolboyth  and  thaireftir  be  banist 
the  burgh  for  zeir  and  day  but  ony  remissioun. 

October  I2th. — Sir  Archibald  Chayne  claims  xvis.  byrun  anvell  auch 
to  him  of  the  land  of  umq".  Donald  Grant  quhilk  landis  lyis  on  the  north 
syid  of  this  burgh  betuyx  the  landis  of  Jonet  Reidheid  at  the  est  and  the 
land  of  vmq11.  Henre  Murray  at  the  vast  extending  fra  the  quenis  hee 
gett  at  the  sovth  to  the  gctt  gais  to  the  chepell  hill  at  the  north. 

The  quhilk  day  Alexander  Sutherland,  sovn  and  apperand  ayir  to 
vmq".  Villiam  Sutherland  of  Duffus,  was  maid  burges  and  freman  of  the 
said  bru1.  be  the  consent  of  the  haill  communate  present  and  sueyr  the 
ayth  of  fedelate  as  vse  is  and  pait  v  s.  with  ane  purse  quhilk  vas  gevin  to 
big  the  vast  port. 

The  quhilk  day  thair  vas  assignit  Munnunday  viz.  the  xxv  day  of 
this  instant  moneth  to  the  personis  vnderwritin  to  produce  thair  evidentis 
of  the  landis  vithin  writin  to  be  enterit  for  the  samyn  in  the  suyt  roll  that 
is  to  say  William  Hay  for  the  land  vas  wmq11.  Corsindais,  Robert  Murray 
for  the  Lade  heych  hous  etc. 

John  Watt  pait  xx  s.  to  big  the  vast  port  on  his  entry  to  ane  auchen 
part  resignit  be  Thomas  Gaderar,  eldar. 


86  RECORDS  OF  ELGIN.  [ 1 545-6. 

November  i6th.— [John  Cowe  bought  an  auchtane  part  for  six  merks 
from  Agnes  Robertson.] 

The  haill  tovn  hes  sett  the  haill  tollis  and  schemill  maill  for  thre  zeiris 
nixt  heireftir  for  twente  four  merkis  vsuall  money  and  tua  stayn  of 
tallovn  zeirle. 

1545-6. 

January  2 1 st.— George  Cruksank,  chepman,  becom  in  the  provestis 
will  for  the  wrangus  passing  to  Aberdein  and  cumming  within  this  burgh 
hestele  thairefter  the  said  burgh  of  Aberdein  beand  inset  with  the  pest 
the  tym  of  the  said  George  being  thair  /  and  thairefter  the  provest 
decernit  for  his  will  that  the  said  George  sail  noder  opin  nor  stek  nor  vse 
merchandece  within  this  burgh  for  zeir  and  day. 

February  /th. — The  assise  deliuerit  that  Alexander  Wynchester,  elder, 
William  Mylln  and  James  Vatt  sail  gif  Sir  Thomas  Rag  his  burd  as  tha 
begovid  with  him  respectiue  ay  and  quhill  tha  be  deschargit  be  the 
consell  of  this  bru4.  and  failzeand  thairof  sail  pay  him  his  resonable  vagis 
thairfor  /  and  siclik  tha  and  every  ane  of  thame  sail  pay  quhat  he  vantis 
of  tham  bigayn  be  the  greit  ayth  of  the  said  Sir  Thomas. 

February  25th.— For  the  veill  of  Thomas  Zoung,  puber,  Sir  William 
Zoung,  cheplan  his  fadyr  brodyr  for  releve  of  part  of  cuyr  of  ane 
vencrabill  fader  in  God  Alexander  preour  of  Pluschardin  and  for  the 
veill  of  his  brodir  sovne  accepit  in  jugement  on  him  the  offece  of  ane 
substitut  to  the  said  venerabill  preor  ellectit  curator  to  the  said  Thomas 
in  the  said  offece  of  curatore  and  vas  sworn  to  the  dew  administratioun 
of  the  said  offece. 

1546. 

March  29th. — It  is  statut  and  ordanit  be  the  haill  tovne  that  in  caiss 
that  ony  nychtbour  leif  his  greschep  land  waist  and  ley  than  it  sail  be 
lesum  to  the  nychtboris  on  ilk  syid  to  labour  the  nerest  half  evesest 
(?  ewest)  to  tham  for  that  zeir  without  ony  maill  paying. 

May  4th. — The  heid  burrow  court  of  Elgin  haldin  be  William  Gaderar, 
eldar,  provest,  Dauid  Harde,  Androu  Gaderar  and  Alexander  Taillzour, 
baillies,  within  the  tolboyth  of  the  samyn  the  ferd  day  of  Maii  in  the 
zeir  of  God  IM.  Vc.  and  fourte  sax  zeiris. 


1546.]  BURGH  COURT   BOOK.  87 

The  quhilk  day  We,  William  Gaderar,  eldar,  provest  of  the  said  bru'., 
Andro  Gaderar,  Dauid  Harde,  Alexander  Tailzour,  and  William  Gaderar, 
zoungar,  baillies  of  the  samyn,  with  consent  and  assent  and  command  of 
the  haill  consell  and  communate  of  the  said  bru'.  for  the  vphald  of  the 
seruice  of  God  to  be  dovne  within  the  paroche  kirk  of  the  forsaid  brugh 
hes  conducit  and  be  the  tenour  heirof  conducis  ane  discreit  man  Sir 
Thomas  Rage,  chepland,  for  all  the  dais  and  termes  of  his  lyvetym  to 
say  mes  and  sing  devyn  service  within  the  said  paroche  kirke  with  the 
wtheris  cheplanis  and  chorestouris  in  the  said  kirkc  at  all  dais,  houris  and 
tymes  he  beis  disposit  thairto  /  and  we,  provest,  baillies,  consell  and  com- 
munate forsaidis  for  vs  and  our  successouris  in  all  tyme  to  cum  during 
the  said  Sir  Thomas  lyvetym  bindis  and  oblise  vs  and  our  successoris  be 
the  faythis  and  trwthis  in  our  bodcis  to  content  and  pay  to  the  said  Sir 
Thomas  Rag  the  sovm  of  sax  merkis  vsuall  money  of  this  realm  at  tua 
termis  in  the  zeir  viz.  the  tayn  half  thairof  at  Witsunday  and  the  todcr 
half  at  Martimes  in  vyntir  Togiddyr  with  his  honest  burd  in  auch  nych- 
bouris  hovsis  or  in  fourteyne  at  the  maist  And  attour  we  oblise  vs  and 
our  successouris  in  caice  ony  cheplandry  or  seruice  within  the  said 
paroche  kirke  attouris  our  paroche  clerkschip  happin  to  vaik  throch  the 
decese  off  ony  possessour  thairof  beand  at  our  presentatioun  and  gyft  to 
gif  the  samyn  to  the  said  Sir  Thomas  and  to  present  him  thairto  the  said 
Sir  Thomas  oblisand  him  to  the  seruice  aboyn  writin  and  dischargand  vs 
of  his  zeirlie  fie  and  burd  as  said  is  and  for  the  obserwing  of  the  premisis 
we  the  forsaidis  provest  and  baillies  for  vs  and  our  successouris  and  in 
naym  and  behalf  of  the  haill  consell  and  communate  of  the  said  brugh 
hes  subscrevit  thir  presentis  with  our  handis  and  for  the  fulfilling  of  the 
part  of  the  said  Sir  Thomas  Rag  he  hes  subscrevit  the  samyn  siclik  day 
zeir  and  plaice  forsaidis  befoir  thir  vitnes  Sir  James  Kar,  Alexr.  Wyn- 
chistir,  zoungar,  Johane  Pantoun,  Sir  Thomas  Robertsoun  and  Thomas 
Trovp  with  wtheris  divers  to  the  subscriptionis,  William  Gaderar,  provest, 
w1.  my  hand  /  Dauid  Harde  w1.  my  hand  /  Andro  Gaderar  w'.  my  hand  / 
William  Gaderar,  zoungar,  w1.  my  hand  /  Alexander  Taillzour  w'.  my 
hand  at  the  pen  led  be  Sir  James  Kar,  cheplane. 

Nomina  assise  :  George,  erle  of  Catness,  William  Sincler  of  Dunbeyth, 
James  Innes  in  Luchars,  Alexr.  Strathbrok,  James  Sincler,  Johne  Thom- 
soun,  zoungar,  Alexr.  Wynchester,  eldar,  Cutbert  Cummyng,  William 
Auldcorne,  Johne  Watt,  William  Douglas,  Johne  Bayne,  Johne  Murray, 
William  Murray,  Thomas  Ayir. 


88  RECORDS  OF  ELGIN. 

[Said  inquest  served  William  Calder  of  Dune,  nearest  and  lawful  heir 
to  his  "guiddaym."] 

August  1 6th.— The  provest  at  the  comand  of  the  haill  consell  and 
communate  present  for  the  tym  assignit  ane  rig  quhilk  was  resingnit  be 
Alexr.  Vatsoun  Hand  in  the  north  syd  of  the  Callow  Hill  to  Alexr. 
Malcom  viz.  the  third  of  ane  quartar  achenpart. 

Thomas  Beyn  for  the  wrangus  slaying  of  ane  zoung  swyn  out  of  his 
shayth  pertcnying  to  Johnc  Crokatt  for  the  quhilk  the  said  Thomas  sail 
pay  to  the  said  Johne  four  sillingis. 

October  i  ith.— William  Huchisoun,  burges  of  Edinbrugh,  is  becum 
oblist  and  actit  to  deliucr  to  William  Gaderar,  eldar,  provest  of  Elgin, 
and  William  Malcom,  burges  of  the  said  brugh,  coniunctlie  betuyx  the 
dait  of  this  act  and  zovill  nyxt  to  cum  ane  govne  of  gray  satting  and 
ane  welvett  bonet  with  certane  goldin  buttovnis  proveding  the  said 
William  Gaderar,  provest,  and  William  Malcome  send  to  Edinbrug  for 
the  samyn  ane  writing  to  rasauc  the  saidis  cleding  with  ane  acquittans 
vpoun  the  rasait  thairof  vpoun  the  quhilkis  the  saidis  William  and 
William  desirit  actit  in  the  court  buikis  of  Elgin. 

November  8th. — [For  avoiding  disturbance  in  taking  poinds  it  is 
decreed  that  the  handbell  pass  through  the  town  charging  all  to  come 
within  twenty  four  hours  to  loose  the  poind,  and  if  none  come  the  officers 
to  dispone  the  poinds.] 

It  vas  complenit  be  the  haill  craftismen  of  the  skynner  craft,  fremen, 
vpoun  the  vnfremen  of  the  said  craft  that  tha  occupeit  thair  fredome  to 
thair  vtter  herschip,  dcsirand  remeid  to  be  put  thairto,  the  prouest,  baillies 
and  communate  present  hes  commandit  the  officiaris  to  pas  to  the  haill 
vnfremen  of  the  said  craft  and  put  inhibitioun  to  tham  to  occupe  the 
samyn  ony  fordyr  /  and  gif  tha  or  ony  ane  of  tham  vsis  the  said  craft 
ordanit  the  officiaris  to  pas  and  eschett  the  stuff  and  vark  tha  find  in 
thair  possessioun  as  forstalleris  and  vsaris  of  the  said  craft  without 
fredome  and  the  guiddis  eschetit  to  be  deliuerit  to  Cutbert  Gumming 
and  Alexr.  Wynchister,  eldar,  to  be  applyit  to  the  vphald  of  the  alter  of 
the  said  craft  vpoun  the  quhilk  William  Aldcorne,  dekin  of  the  said  craft, 
desirit  act  of  court. 

John  Beyn  grantit  in  jugement  that  he  gef  ane  arill  penne  to  Androu 
Mylln  the  half  of  ane  schip  quhilk  lyis  in  Fyndorne  for  xxxii  merkis. 

The  quhilk  day  the  assise  deliuerit  that  John  Bayne  aucht  and  suld 


I546-7-]  BURGH   COURT   BOOK.  89 

content  and  pay  the  sovm  of  threttie  tua  merkis  vsuall  money  of  this 
realm  to  Androu  Mylln  for  the  said  Androus  half  of  ane  schip  with  hir 
geir  lyand  in  Findorn,  quhilk  sovm  of  threttie  tua  merkis  the  said  Johne 
grantit  that  he  promest  to  the  said  Androu  and  gef  him  arlis  thairupoun. 

The  quhilk  day  the  baillies  commandit  Sir  Thomas  Rag  to  desist  fra 
ony  fordir  instructing  of  barm's  few  or  mone  in  ony  plaice  in  tym  to  cum 
hot  that  all  tha  he  hed  ma  cum  to  the  prencepall  gramer  schoill  to  be 
thechyt  be  the  master  admittit  be  the  provest  and  baillies. 

[Alexander  Sutherland,  dean  of  Caithness,  is  tutor  to  Alexander 
Sutherland,  son  and  heir  to  the  deceased  William  Sutherland  of  Duffus.] 

James  Innes  vif  and  William  Innes  vif  var  decernit  in  ane  amerch- 
ment  for  the  wrangus  breking  the  statutis  makand  candelis  of  les  quantate 
na  the  ordinance  of  the  burgh. 

John  Bayn  becum  oblist  to  pay  to  Mr.  Androu  Strang,  chepland  of 
our  Lade  cheplandre  within  the  paroche  kirke  of  the  said  bru'.  all 
annvellis  that  the  said  Mr.  Androu  will  sueir  that  he  is  awand  to  him 
vpoun  the  quhilk  the  said  Mr.  Thomas  Robertsoun,  factour  to  the  said 
Mr.  Androu  desirit  act  of  court. 


I546-7- 

January  loth. — Sir  James  Douglas  cnterit  Alexr.  Lochillis  procurator 
for  him  in  all  besines  within  the  burrow  courtis  of  this  burgh. 

Twiching  the  distans  of  viii  s.  annell  cravit  be  Sir  William  Clerk, 
chepland  of  Sanct  Duthacis  cheplandry,  within  the  chathedrall  kirk  of 
Murray,  fra  John  Brovne  zeirle  of  ane  ruid  of  land  pertinying  to  the 
saidis  Johne  and  lyand  on  the  sovth  syid  of  this  brugh  betuyx  the  land 
of  ane  venerabill  fadir  in  God,  Alex1.,  prcour  of  Pluscardin,  at  the  est  and 
the  land  of  William  Aldcorne  at  the  vast  /  the  decesioun  of  the  said 
claym  beand  referrit  be  bayth  the  saidis  parteis  to  the  provest  and  baillies 
of  the  said  brugh  and  thair  assessoris  /  athir  of  the  saidis  parteis  evidentis 
producit  and  red  in  jugement,  It  is  decernit  and  decretit  that  the  said 
Sir  Villiam  and  his  successoris,  cheplandis  of  the  said  cheplandre  hes  just 
rycht  to  aucht  sillingis  annell  zeirle  of  the  said  landis  becaus  it  is  cleirlie 
kend  that  the  said  Johnis  evident  is  rasit  and  of  octo  maid  quatuor. 

N 


go  RECORDS  OF  ELGIN.  [  1 546-7- 

January  i6th.— Alex^.  Williamsoun  was  decernit  to  pay  to  Jonett 
Ferquhar  xxid.  for  aill,  xxd.  for  ane  lax,  xxx  for  half  ane  firlat  of  meill 
and  ane  firlat  malt. 

January  24th.— John  Bayn  was  decernit  be  decreit  of  court  to  content 
and  pay  to  John  Robertsoune  the  just  availl  of  halfe  ane  siluer  corse  be 
the  estimatioun  of  Walter  Hay,  goldsmyth. 

March  2 1st— William  Donaldsoun  was  fund  in  ane  amerchiament 
for  the  wrangus  forstalling  of  John  Zoung,  zoungar,  in  the  bying  of 
certanc  salt  hydis  fra  the  barroun  of  Killracht  quhilkis  was  calland  to 
the  said  Johne  for  the  quhilkis  the  said  William  salbe  secludit  fra  all 
vsing  or  fremcnnis  vse  ay  and  quhill  he  vptein  lecence  at  the  haill  com- 
munate  of  this  bru'. 

Ferquhar   Duncanson    is  decernit  to  deliuer   to   William    Aldcorne 

viii  sherling  skynnis. 

[John  Bayn  compearcd  as  warned  at  the  instance  of  Sir  James  Gowre, 
but  Sir  James  not  compcaring,  John  Bayn  protested  for  his  expenses.] 

1547- 

April  5th. — Dauid  Dunbar,  sone  to  vmq11.  Johne  Dunbar  in  Banneth- 
feld,  electit  and  chosit  ane  wcncrabill  fader  Allexander  be  the  permission 
of  God  preour  of  Pluscharden  and  William  Hay  of  Mayne  his  tutoris 
during  his  age  of  tutorc  and  fra  the  completing  of  the  aige  of  tutore  his 
curatoris  ad  litcs  et  negotia  and  the  saidis  venerabill  fader  and  William 
Hay  of  Mayn  hes  maid  the  greit  ayth  on  the  haledovme  to  vse  the  saidis 
offices  to  the  saidis  Dauidis  vtilate  and  profett  ay  and  quhill  thay  be 
dischargit. 

April  — . — Alex1".  Ros  beand  persewit  be  William  Hay  of  Mayne  for 
the  wrangus  cutting  of  certan  grein  woid  out  of  the  boge  of  Mayn  /  the 
said  Alexr.  grantit  in  jugement  that  he  cuttit  thwa  startis  to  ane  mylln 
quhyll  and  no  mayr  vpoun  the  quhilk  the  said  William  Hay  desirit  act 
of  court. 

May  and. — Sir  Donald  Williamsoun  presentit  his  infeftment  vpoun 
the  land  he  duellis  in  in  the  freyr  vynd  anent  the  cleym.of  viiis.  annell 
clemit  be  the  blak  freris.  It  was  decernit  that  the  said  annell  suld  be 
pait  to  the  said  blak  freris  if  any  annell  pertinyit  to  vmq11.  Thomas 
Zoungis  ayirs  of  any  part  of  the  landis  contenit  in  the  said  evident. 


1 547-]  BURGH   COURT   BOOK.  $1 

May  26th. — Sir  Johne  Annand  hes  wranguslie  occupeit  ane  chalmer 
pertenying  to  Dauid  Hardy  in  heretage  lyand  on  the  north  syid  of  this 
burgh  for  the  quhilk  Sir  Johne  sail  pay  to  the  said  Dauid  zeirlie  sen  the 
said  Dauidis  sesing  the  sovm  of  xiii  s.  iiij  d.  and  remov  therfra  in  tym  to 
cum. 

Thomas  Brabuner  clamit  ane  girdell  fra  Megot  Robertsoun  quha 
allegit  that  the  girdell  aucht  to  hyr  vse. 

James  Smyth  was  decernit  in  any  amerchiament  for  the  wrangus 
invading  of  William  Smyth  with  ane  geviling  and  calling  of  him  gleit 
carle. 

June  l6th. — The  quhilk  day  the  haill  consell  hes  thocht  expedient 
and  ordanit  that  Issobell  Vilman  sail  remove  this  haill  bru'.  for  all  the 
dais  of  hir  moder  lyvetyme  /  becaus  sche  hes  put  sindre  and  diuers  tymes 
handis  in  hir  said  moder  and  nov  of  lait  hes  myschevit  hir  in  the  faice. 

October  3rd. — The  heid  burrow  court  of  the  brugh  of  Elgin  haldin 
within  the  tolbovyt  of  the  samyn  be  William  Hay  of  Mayne  and  Maister 
Alexander  Douglas,  baillies,  the  third  day  of  October  the  zeyr  of  God 
IM.  Vc.  and  xlvii  zeris. 

Presentes  et  Elegentes. 

William  Smith,  James  Pedder,  William  Gaderer,  zoungar,  Johne 
Murray,  James  Rob,  William  Adam,  William  Zoung,  Martein  Sclaitter, 
Johne  Forsyth,  William  Tailzour,  Robert  Mavar,  William  Kay,  Alex- 
ander Williamsoun,  Ferquhar  Duncansoun  [and  twenty-nine  others]. 

The  qlk  day  the  haill  communate  hes  electit  and  menit  Sanct  Geill 
thair  patroun  /  provest  for  ane  zeyr  nyxt  to  cum.  The  qlk  day  the  haill 
communate  ellectit  and  chesit  William  Hay  of  Mayne,  Mr.  Alexander 
Douglas,  William  Gaderar,  zounger,  and  Andro  Myll,  baillies  for  ane 
zeyr  nyxt  heyreftir  and  tha  sworn  to  use  the  samyn  justlie  for  the  said 
spaice. 

[The  council  of  this  year  consisted  of  the  patron  saint,  four  bailies 
and  only  eight  other  councillors.] 

The  baillies,  consell  and  haill  communate  of  the  brugh  of  Elgin  hes 
statut  and  ordanit  for  certan  greit  ressonabill  causis  and  considerationis 
moving  tham  and  for  the  vmcheving  of  the  apperand  schayth  and 
damagh  of  the  haill  commond  veill  of  the  said  bru«.  that  na  fre  man  be 
maid  be  tham  for  the  spaice  of  ane  zeyr  nyxt  to  cum  accep  burgess 


92  RECORDS  OF  ELGIN.  [1547- 

eldest  sonnis  of  the  forsaid  bru'.  sail  hef  heretagh  and  habitatioun  within 
the  said  bru'.  and  the  haill  communate  ar  sworn  heyrto. 

The  baillies,  consell  and  haill  communate  of  the  said  bru'.  consid- 
derand  the  greit  truble,  schayth  and  inconvenientis  quhilk  hes  hapint 
within  the  said  burgh  in  tymes  bygane  and  now  instantlie  apperis  to 
happin  /  throch  the  veddovis  in  thair  mareing  within  the  forsaid  burgh 
without  consent  and  lecence  of  the  provest,  baillies  and  consell  of  the 
samyn,  thairfor  statutis  and  ordanis  conform  to  the  auld  actis  of  this 
burgh  maid  of  befoir  that  gif  it  hapins  to  ony  vedov  within  the  said 
burgh  to  marc  without  lecence  of  the  provest,  etc.,  in  tyme  to  cum  than 
and  in  that  cais  the  said  vedow  handfastand  or  mereand  incontinent  sche 
sail  tyne  hir  fredoum,  commond  land  and  takkis  within  the  boundis  of 
the  said  burgh,  gif  sche  ony  hes,  eo  facto,  and  salbe  lesum  to  the  provest, 
etc.,  to  dispon  thairupoun  incontinent  thaireftir  as  they  sail  think  maist 
expedient  and  the  haill  communate  ar  sworn  to  observe  the  said  act  in 
all  tyme  to  cum. 

October  iith. — Murrell  Gowre  was  decernit  to  pay  to  Sir  William 
Sutherland,  pcrsoun  of  Moy,  iiii  s.  for  ane  plaid. 

October  i8th.  —  The  assise  deliuerit  that  Andro  Skabertmakar 
wrangit  in  the  drawing  of  ane  quhinger  to  Master  Alexr.  Douglas, 
baillie,  in  the  executione  of  his  said  office  and  dowme  gevin  thairupoun. 

The  assise  deliuerit  that  Androv  Cove,  alias  Skabertmakar,  hes 
wrangit  in  the  vssing  of  fredome  within  this  bro'.  and  specialle  in  bying, 
selling  of  rocht  hyidis  and  barket  ledder  and  als  forstallis  the  nychboris 
of  the  said  bru1.  in  vsing  the  samyn  and  dovm  gevin  thairupoun. 

The  assise  deliuerit  that  Master  Alexander  Douglas  wrangit  in  the 
drawing  of  ane  knyff  to  Andrew  Cowe,  schabertmakar. 

October  24th. — Forsamekill  as  Johne  Tailzour  persevit  Katerin  Ros 
spovs  to  wmq".  Johne  Zoung,  zoungar,  and  Nanis  Kyill  spovs  to  umq11. 
Cutbert  Cuming  for  his  expensis  maid  to  him  in  passing  to  the  last  ost  as 
he  that  was  the  said  John  and  Cutbertis  caraghman  the  assise  deliuerit 
that  Katerin  Ros  sail  content  and  pay  x  s.  to  the  said  Johne  Tailzour  and 
findis  the  forsaid  Nanis  Kyill  acquit  of  his  claym. 

November  aist— It  is  statut  and  ordanit  that  gif  ony  freman  or  fre 
woman  being  wedow  ramayn  zeir  and  day  out  of  this  burgh  and  giff  na 
habitatioun  within  the  samyn  that  the  forsaid  man  or  woman  sail  tyn 
thair  fredovm  and  comond  landis  and  takis  of  the  said  burgh  gif  tha  ony 


I547-8-]  BURGH   COURT  BOOK.  93 

hef  perpetuall  and  that  it  salbe  lesum  to  the  communate  to  depoune 
upon  the  samyn. 

William  Hay  of  Mayne,  baillie,  assignit  at  the  command  of  the  haill 
communate  ane  of  the  auchtene  partis  wes  Androu  Gaderaris  lyand  in 
the  Bleyrmyir  to  Thomas  Gaderar  [and  another  to  John  Innes.  Entry 
money,  20  s.]. 

December  ipth. — The  assise  decernit  that  John  Forsyth  and  Alexander 
Wynchester,  elder,  aucht  and  suld  releve  the  spouse  of  umquhill  Alexander 
Wynchester,  zoungar,  of  the  price  of  the  tua  thirdis  of  ane  meyr  quhilk 
buyr  the  saidis  John  and  Alexander  Wynchester  elder  carrache  to  the 
oist  of  Pyncycluytht  ilk  ane  of  them  respectiue  at  the  handis  of  Johne 
Davidsoun  and  William  Smyth. 


'547-8. 

January  gih. — Comperit  George  Chayne  and  producit  ane  legittima- 
tioun  [from  Queen  Mary,  whereby  "damus  et  concedimus  dilecto  nostro 
Georgio  Chayne,  bastardo  filio  natural!  domini  Archibald!  Chayne, 
capellani "  full  power  and  liberty  to  dispone  all  his  lands  and  goods, 
notwithstanding  of  his  bastardy]. 

January  23rd. — Alexr.  Etlis  was  decernit  to  pay  to  Thomas  Gardin 
iij  s.  x  d.  for  ane  brok  skyn.  Sande  Duff  was  decernit  to  deliuer  a  plaid 
to  John  Baxstair  als  guid  as  quhen  he  gatt  it  providing  the  said  Johne 
deliuer  xviiid.  to  the  said  Sanders.  The  assise  dcliuerit  that  William 
Pedder  is  acquit  of  the  clame  of  ane  earache  meyr  clamit  be  Johne 
Forsyth  quhilkis  was  tint  at  the  raid  of  Penkyclutht.  The  assise  deliuerit 
that  Ibbot  Clerk,  spous  to  vmq11.  Ar.  Tailzour,  sail  content  and  pay  to 
William  Donaldsoun  the  sovm  of  vs.  for  the  expensis  maid  vpoun  hir 
horse  cumand  fra  the  oist  of  Pynkeclutht. 

February  2Oth. — William  Vardan  was  decernit  to  releve  Ebbe  Clerk 
of  the  ta  halff  of  the  fe  of  the  caraghe  horse  that  zeid  to  Pinkycluytht. 


1548. 

April  Qth. — [Alexr.  Kyncorn  made  Sir  Thomas  Rag  and  Gilbert  Kemp 
his  procurators]. 


94  RECORDS  OF  ELGIN. 

April  1 6th. — The  assise  decernit  all  the  cordinaris  vnfremen  within 
this  burgh  be  closit  fra  using  of  that  craft  providing  that  the  fremen  staik 
the  tovn  and  cuntre  with  stuiff  on  ane  ressonable  price  and  siclik  decernis 
the  saidis  vnfremen  in  ane  amerchiament  for  thair  vsing  of  fredom  in 
tym  bygane. 

The  assise  deliuerit  that  all  the  vnfre  merchandis  and  chepmen  within 
this  burgh  be  closit  fra  vsing  of  merchandece  and  fredome  in  tym  to  cum 
accep  on  Weclinsday,  Setterday,  and  utheris  mercat  dais. 

The  assise  deliuerit  that  the  haill  skynneris  vnfremen  within  this  bru1. 
be  closin  fra  all  occupatioun  of  thair  craft  and  vseing  of  fredom  in  tyme 
to  cum  bot  that  tha  serwe  fremen  vnder  the  pane  of  law. 

Mangnus  Chalmer  vas  decernit  in  ane  amerchiament  for  the  wrangus 
leving  of  his  masteris  scruice  William  Innes  and  sail  ramane  as  lang 
behind  the  nyxt  terme  as  he  has  bein  avay  fra  his  seruice. 

April  23rd. — The  assise  decernit  that  Janet  Annan  wrangit  in  the 
feing  of  Andro  Millis  servand  contrar  the  auld  actis  of  this  burgh.  The 
assise  decernit  that  Amiable  Stuart  audit  and  suld  deliuer  ane  trein  kyst 
and  ane  trein  quart  to  William  Innes. 

November  i3th. — Court  haldin  be  Mr.  Alexander  Douglas  and  John 
Robertson,  balzeis. 

Dewelegreine — ane  quarter  sett  to  William  Hay  of  Mayne,  prouest, 
quhilk  quarter  William  Gaderar  hadde,  ane  quarter  to  Master  Alexander 
Douglas  quhilk  pcrtenit  to  Andro  Gaderar,  ane  quarter  betuyx  Johne 
Robertsoun  and  Andro  Mill  and  ane  quarter  betuix  Alexander  William- 
son and  Thome  Air. 

Mostowy — set  to  William  Gaderar  and  Thome  Zoung. 

The  tollis  and  the  skemmill  maill — ane  half  to  James  Michell,  ane 
quarter  to  William  Wardene,  ane  quarter  betuix  James  Peddar  and 
Thomas  Kar. 

The  Spittall  croft — the  thred  part  to  Andro  Gibsoun  and  the  remanent 
to  William  Auldcorne. 

Glasgrene  to  William  Auldcorne  and  Thomas  Ayir  for  v  zeris. 

Commound  acker  to  John  Forsyth. 

The  buttis  of  the  Palmerfuird  to  Robbe  Maver  and  William  Adam. 

The  commound  annellis  to  William  Zoung  and  James  Peddar. 

Balzie  feild  sett  to  Wille  Murray  with  consent  of  the  haill  toun. 

The  buthis  under  the  tolbuith  for  xvii  s.  ilk  zeir. 


1548-9-]  BURGH  COURT  BOOK.  95 

Croft  Cry  to  Thome  Zoung  and  the  wedow. 

Sanct  Kethereinis  croft  to  William  Gaderar. 

December  I2th. — The  assise  banish  Robbe  Davidson  and  Robbe 
Walter  for  certane  crymes  out  of  this  burgh  be  the  space  of  ane  zeir 
and  day. 

December  I7th. — William  Zoung  confessit  he  borrowit  ane  twa  handit 
sword  quhilk  was  stollin  fra  him  and  was  decernit  to  pay  for  the  samyn 
xxij  s. 

Na  flesher  sail  sell  hyd  or  skyn  or  talloun  to  ony  unfreman  under  the 
paine  of  escheting  of  it. 

1548-9. 

January  2ist. — Sir  William  Hume,  cheplane,  protests  that  his  and  his 
successoris  ryt  be  not  injured  in  entering  John  Cuming  pupil  in  Sanct 
Ninianis  land. 

February  i8th. — Sande  Cathnes  was  decernit  to  pay  to  Thomas  Kar 
four  schilling  for  ane  bullax. 

February  25th. — [An  inquest  finds]  Johne  McWilliam  McAlbin  ncrest 
air  to  his  fader  broder  Sir  Donald  Williamsoun  chepland  within  the 
Cathedrall  kirk,  quhairupoun  Sir  John  Gibsoun  protestit  in  name  of 
Master  Johne  Leslie  persoun  of  Ryne  and  tutor  of  Johne  Williamsone 
that  this  serving  be  no  prejudice  to  the  said  John. 


1549- 

April  29th. — The  Pasche  Heid  Curt  of  Elgin  haldin  within  the 
tolboyth  of  the  samyn  be  William  Haye  of  Mayne,  provest,  Johne 
Robertsoun  and  Jhone  Forsyth,  bailzeis.  Absentes :  Sir  Tyberius 
Winchester,  Mr.  William  Gordoun,  Megett  Auldcorne,  Sir  Johne  William- 
soun, William  Sutherland  of  Duffus,  Mr.  Alexr.  Dunbar,  dene  of  Murray, 
Sanct  Duthokis  chepland,  Our  Lady  cheplan,  the  Erll  of  Murraye,  the 
Rude  chepland  of  Elgin,  the  Prior  of  Blak  Freris,  the  Abbot  of  Arbrothe, 
Sir  Andro  Froster,  Robert  Innes  of  Rothmakenzie,  Agnes  Kyill  adiudicat 
for  thair  absence.  Sir  Thomas  Rynd,  viccar  pensionar  of  Elgin  protestit 
that  the  entering  of  James  Peddar  in  the  suitt  roll  of  ane  rude  of  land 


96  RECORDS  OF  ELGIN.  [1549- 

Hand  betuix  the  land  of  Johne  Baldoun  at  the  north  and  the  land  of 
William  Malcome  at  the  sowthe  hurt  not  his  rycht  nor  his  successoris 
becaus  he  was  in  use  of  pament  zeirle  of  twa  schillingis  quhilk  was  not 
spccifeit  in  his  charter  as  aucht  to  have  beine  and  protestit  for  tyme 
and  place. 

The  counsall  fand  that  James  Watt  suld  labour  and  occupye  the 
takke  of  Lipperland  quhilk  he  has  of  Helene  Murraye,  relict  of  umq11. 
Jhone  Watt,  for  this  instant  zeir  and  na  langar. 

May  6th. — The  provest,  bailzeis,  counsall  and  communate  for  vmschew- 
ing  of  the  apperand  inconvenientis  to  the  airis  of  the  burgessis  of  this 
bur1,  throch  thair  non  age  and  deceis  of  thair  faderis  quhilkis  has  or 
happynis  to  haue  auchtane  partis  within  the  said  bru1.  so  now  [it  is 
ordained  that  the  eldest  son  and  heir  of  any  burgess  at  his  father's  decease 
be  made  freeman  and  get  assignation  of  the  father's  auchtane  parts  paying 
use  and  wont  of  whatever  age  the  heir  happens  to  be,  his  curator  dwelling 
in  the  burgh  to  be  surety  to  walk,  ward,  scott,  lott,  tax  and  stent  for  the 
said  auchtane  parts]. 

May  1 2th. — [William  Hardy,  son  and  heir  to  the  deceased  David 
Hardy,  burgess,  was  made  freeman,  and  paid  5s.,  which]  was  warit  at  the 
command  of  William  Hay  of  Mayne,  provest,  to  Alexander  Lillie, 
mcnstrall  to  my  Lord  Abbot,  and  the  provest  and  communate  made 
assignation  to  the  said  William  of  the  twa  auchtane  partis  qlk  was  his 
umquhill  faderis  and  paid  fourty  schillingis  for  his  entres  which  was  given 
at  command  of  the  provest  to  Alexander  Williamson,  lord  abbot,  to  be 
spendit  at  his  pastyme. 

May  23rd. — It  was  statut  be  the  haill  communate  that  quhatsumever 
persoun  was  apprehendit  wandoand  come  in  the  hie  gett  suld  paye  aucht 
schillingis. 

May  27th. — Androv  Mill  was  in  ane  amerchiament  for  the  wrangus 
breking  of  ane  common  firlot  and  for  the  wrangus  calling  of  the  mettis 
of  the  burgh  tubbis  in  the  commond  markatt. 

September  3Oth.— The  heid  burrow  court  of  the  burgh  of  Elgin 
haldin  within  the  tolbouyt  of  the  sainyn  be  William  Hay  of  Main, 
provest,  Maister  Alexander  Douglas,  Thomas  Gaderar,  Johne  Robertsoun 
and  John  Forsyth,  baillies,  the  last  day  of  September  the  zeir  of  God 
IM.  Vc.  and  xlix  zeiris,  the  quhilk  day  the  suittis  callit  and  the  court 
lauchfullie  effermit. 


1 549-]  BURGH  COURT   BOOK.  97 

Alexander  Douglas,  John  Innes,  zoungar,  Thomas  Gaderar  and 
Johne  Forsyth  electit  baillies  be  the  haill  communate  for  ane  zeir. 
Androu  Gibsoun  [and  three  others]  electit  officiaris  for  ane  zeir. 

October  3rd. — Alexander  Innes  of  that  ilk  was  maid  freman  and 
burges  of  this  burgh  be  the  baillies  with  consent  of  the  haill  communate 
and  maid  his  ayth  in  jugement  thairupoun  as  use  is  and  payit  to  the 
baillies  tua  crovne  of  the  soun  upon  the  quhilk  the  said  Alexander  Innes 
desirit  act  of  court. 

Alexander  Innes  of  that  ilk  electit  provest  for  ane  zeir. 

October  8th. — The  Comound  Consell : — 

The  provest,  the  foure  baillies,  the  lard  of  Innermarky,  the  lard  of 
Mayne,  Alexander  Williamsoun,  William  Aldcorne,  Robert  Innes,  John 
Robertsoune,  Thomas  Ayir,  William  Gaderar,  Alexander  Wynchester, 
James  Mychell,  James  Gardin. 

It  is  ordanit  that  the  tua  d.  leif  contein  xvi  unce.  It  is  ordanit  that 
the  galloune  of  aill  be  sauld  for  xxd.  the  best,  and  var  to  be  sett  by 
cunstaris  as  it  is  availl. 

William  Alcorne  and  Alexander  Williamsoun  electit  thesaureris  of 
the  comound  geir  of  this  burgh  for  this  nyxt  zeir. 

William  Mylln  [and  seven  others]  electit  cunstaris,  Alexander  Wyn- 
chester [and  five  others]  electit  prisers  of  flesche. 

It  is  ordanit  that  the  actis  of  parliament  and  this  burgh  be  put  to 
executioun  anent  the  talloun. 

It  is  ordanit  that  the  flesche  mercate  be  kepit  upoun  Satterday  and 
ony  that  sellis  on  Sunday  to  be  eschett. 

It  is  ordanit  that  na  fysche  be  housit  nocht  bandit  under  the  payn  of 
escheting. 

It  is  ordanit  that  the  quhit  candill  contene  in  lentht  xiiii  incht  for 
ane  d.  and  of  the  auld  depnes  and  the  tua  d.  candill  conforme  thairto. 

It  is  ordanit  that  the  best  horse  corne  be  sauld  for  viid.  and  lakar 
for  vi  d. 

It  is  ordanit  that  thair  be  thre  new  firlottis  and  four  pectis  and  tha  to 
be  nov  considderit  be  the  consell  and  maid  vpoun  ane  competent  mesour. 

It  is  statut  and  ordanit  for  the  outhalding  of  the  vattir  that  ilk 
pcrsoun  that  hes  auchenpartis  within  this  burgh  mak  als  mone  crelis  as 
tha  heff  auchenpartis  and  fill  the  samyn  with  stanis. 

It  is  statut  and  ordanit  that  na  persoun  cut  or  peill  ony  of  the 

O 


98  RECORDS  OF  ELGIN.  [lS49- 

Sanquary  in  tyme  to  cum  and  quha  beis  conuict  to  pay  xl  s.  and  all  the 
nychtboris  to  be  sworin  to  keip  the  samyn  /  and  to  tell  gif  tha  se  or 
gettis  woird  quha  cuttis  or  pelis  the  samyn  /  and  quha  apprehendis  ony 
with  the  said  void  to  heff  ii  s.  of  the  comond  guid  and  the  cuttaris  wapin 
that  tha  cut  with. 

Androv  Govre  was  decernit  to  pay  foure  pundis  ten  sillingis  for  ane 
bcrral  of  salmound. 

It  is  statut  and  orclanit  that  the  actis  and  letteris  maid  upoun  barkit 
leddyr  be  put  with  all  regour  to  execution  in  tyme  cuming  be  the  baillies 
and  specialie  upoun  unfrcmen. 

John  Innes,  elder,  Maister  Alexander  Cuming,  William  Hay,  son  to 
Sir  Thomas  Hay,  James  Geratyne,  James  Innes  and  Alexander  Dunbar 
war  maid  fremen  and  burgessis  of  this  burgh  for  quhilk  tha  pait  in  all 
vili.  ii  s.  vi  d.  [from  IDS.  to  45s.  each]. 

October  Qth. — The  quhilk  day  the  baillies  with  consent  of  the  haill 
communatc  hes  reconsalit  William  Vardan  to  his  fredoum  and  rasauit 
him  burgcs  and  nychtbour  to  tham  lik  as  he  was  the  the  first  tym  of  his 
creatioun  notwithstanding  ony  proces  or  actis  maid  in  tymes  bypast  for 
the  quhilk  the  said  William  sail  pay  halff  anc  stan  of  wax  at  Zouill  that 
nyxt  cumis. 

Charles  Gray  vas  decernit  be  the  assise  to  mak  pament  of  the  haill 
stok  and  vynning  of  thre  dussan  of  Sutherland  irin  to  Archibald  Watt. 

The  assise  deliucrit  that  Archibald  Watt  aucht  and  suld  mak  pament 
of  the  haill  stok  and  vennyng  of  tuenty  aucht  ellnis  and  ane  halff  of 
quhit  lynyngis  Ros  claytht  to  Charles  Gray. 

James  Gardin  was  decernit  be  the  consell  of  this  burgh  for  the  offends 
maid  to  Gilbert  Kempt,  officiar,  to  ask  the  said  Gilbert  forgiffnes  and  the 
baillies  and  pay  halff  ane  stain  of  wax  at  Zouill  that  nyxt  cumis. 

November  4th. — The  assise  deliuerit  be  the  moutht  of  Alexr.  William- 
sone,  chanclar  of  the  samyn,  that  Thomas  Ayir  wrangit  in  the  blasfemyng 
of  Jhone  Gadderar,  cldar,  in  Manbenis,  calland  him  auld  pikar  theyf  carll 
ye  suld  staupe  him  in  ane  peit  pot  and  sail  sit  dovne  apone  his  kneis  in 
jugement  quhair  he  said  the  saidis  vordis  and  suere  the  grit  aitht  that  he 
knawis  nathing  bot  lawte  and  honeste  on  the  said  Johne  Gaderar  and 
ask  him  forgifnes. 

The  assise  deliuerit  that  Cristen  Grant  wrangit  in  the  cuming  in 
Cristen  Langis  ovin  house  and  streking  of  hir  and  draving  bluid  of  hir 


1 549-]  BURGH   COURT  BOOK.  99 

and  sail  pay  the  said  Cristen  Lang  iii  s.  for  ane  mendis  and  geff  evyr 
sche  dois  sic  ane  fait  in  tymes  to  cum  to  be  banist  this  burgh  perpetuall. 

The  names  of  tham  that  are  convic  be  the  assis  for  ij  s.  ayll  and  ill 
breid  : — Ellene  Mortimar,  Muerell  Govre,  govdelokis,  Maister  Alexander 
Douglas  [and  fourteen  others]. 

November  8th. — James  Gaderar,  soune  and  ayir  to  umquhill  Thomas 
Gaderar,  yr.,  creat  burges  and  freman  and  pait  v  s.  as  use  is. 

November  i8th. — John  Moyr  was  decernit  to  content  and  pay  to 
Cristen  Watt  fyve  firlottis  aittis  for  the  schayth  she  sustenit  throch  non- 
keping  of  his  nychborheid  to  her  and  sail  pay  all  schaythis  shaw  sustenis 
throch  him  in  tyme  cuming. 

Mareoun  Duff  was  decernit  to  content  and  pay  to  William  Adam 
aucht  s.  money,  ane  pair  of  nev  schoin,  ane  ellen  of  hardin  for  ane  halff 
zeris  fe  becaus  sche  refusit  to  pas  to  the  said  Williamis  seruice  as  sche 
that  was  his  servand. 

November  29th. — The  quhilk  day  the  provest,  baillies,  consell  and  hail 
communate  hes  decernit  ordainit  and  decrctit  that  Elezabeth  Buetht  spous 
to  umquhill  Alexander  Wynchester,  zoungar,  and  the  said  umquhill 
Alexanderis  lauchfull  barne  hes  just  titill  and  rycht  to  v  zeris  tak  of  ane 
quartar  of  Duveligrein  nyxt  and  immediat  folloving  the  said  umquhill 
Alexanderis  deceis  in  Pynkyclucht  conforme  to  the  act  maicl  at  Morton- 
hall  anent  the  wiffis  and  barnis  of  tham  that  was  slayne  at  Pynkyclucht 
the  saidis  personis  findand  souerte  for  the  auld  rist  and  malis  in  tyme 
coming  and  afoir  the  entres  to  mak  pament  of  the  auld  rist  and  instantlie 
William  Gadderar  becoum  souerte  for  the  restis  and  malis. 

[Similarly]  Ibbot  Clerk,  spous  to  Robert  Innes,  and  the  lauchfull  barnis 
of  umquhill  Alexander  Tailzeour  hes  iust  titill  and  rycht  to  v  zeirs  tak 
of  ane  auchene  part  of  Duveligrein  nyxt  following  the  said  Alexanderis 
deceis  at  Penkycluytht  [William  Hay  of  Mayne,  surety]. 

December  2nd. — The  quhilk  day  Alexander  Watsoun  grantit  that  he 
rasauit  ane  stik  of  russett  clayth  fra  ane  man  of  Forfair  on  Andersmes 
evyn. 

Henre  Bege  consentis  to  pay  to  Elezabet  Berneth  the  soum  of  xxiiij  s. 
for  ane  zeris  annell  of  the  hous  he  duellis  into.  Mareoun  Begis  vas 
decernit  be  decreit  of  court  to  deliuer  ane  irn  pot  to  William  Hossack 
providing  the  said  William  pay  ix  s.  to  the  said  Marioun  afoir  the  rasait 
of  the  said  pott  and  dowm  gevin  thairupoun. 


IOO 


RECORDS  OF  ELGIN.  ['549-50- 


Robert  Innes,  zounger,  was  decernit  to  pay  iii  s.  for  the  wrangus 
streking  and  schedding  of  William  Barrounis  bluid. 

Martein  Slaitter  was  decernit  to  deliuer  ane  tartan  plaid  to  William 
Adam  or  the  just  availl. 

December  1 6th.— The  haill  consell  hes  statut  that  the  tua  pennie  leiff 
contein  xiiij  uncis  in  tyme  cunning. 

The  provest,  baillies,  consell  and  comunate  hes  statut  and  ordanit  that 
na  personis  pas  to  the  mos  with  crelis  and  gif  ony  dois  thair  crelis  and 
clais  to  be  eschet  to  the  officiar  that  takis  tham  and  the  persoun  that  beis 
fundin  sua  to  stand  xxiiij  houris  in  the  govis,  provyding  alvais  that  tha 
that  hes  pettis  in  the  mos  tak  ane  officiar  with  tham  and  care  tham  away 
upoun  horsbak. 


1549-50. 

January  i3th. — William  Zoung,  curator  to  David  Zoung,  protestis  for 
the  termcs  annuell  of  the  landis  of  wmquhill  Sir  Donald  Williamsoun 
bigane  in  name  and  behalf  of  the  said  Dauid. 

January  22nd. — It  is  statut  that  na  persoun  that  duellis  within  this 
burgh  pass  to  the  seis  and  cage  fysche  under  the  payn  of  escheting  to 
this  burgh. 

January  27th. — The  assise  deliuerit  that  Sir  William  Tailzour  was 
ncrest  ayir  to  his  vvmq11.  fader  Alexander  Tailzour  of  a  ruid  of  land  and 
ane  quartar  lyand  on  the  northt  syid  of  this  burgh. 

Androv  Mylln  renuncit  all  titill  that  he  hes  of  Androv  Flemyng  of 
ane  taill  of  land  lyand  on  the  north  syid  of  the  said  burgh  betuyx  the 
land  of  James  Robe  at  the  vast  and  the  comound  venell  at  the  est  fra  the 
stank  at  the  sovtht  to  the  borrovbriggis  at  the  northt. 

March  3rd. — The  assise  deliuerit  that  Thomes  Russell  wrangit  in 
streking  of  the  bailze,  Thomas  Gaderar,  within  the  tolboyth  minnistrand 
the  quenis  servis  and  is  in  ane  amerchiament  for  the  samyn  as  vas  giffen 
for  dowme. 

Maister  Alexr.  Cuming  and  Thomas  Innes  are  cum  in  law  borrowis 
for  Thomas  Russell  that  the  said  Thomas  Gadderar  and  the  haill 
inhabitantis  of  the  said  burgh  be  harmles  and  skaytles  of  him  in  all 
tymes  cuming. 


1549-5°-]  BURGH  COURT  BOOK.  IOI 

The  quhilk  day  Thomas  Russell  is  cum  in  vill  in  jugement  for  the 
vrangus  trubiling  and  cuttyng  of  ane  mantill  beand  about  Thomas 
Gadderar  the  bailzeis  dochter  gangand  hir  lesum  busenes  vnder  the  cloud 
of  the  nycht  and  for  the  rifying  of  hir  kirtill  and  for  the  bostyne  to  cut 
her  lovg  the  said  tyme.  Maister  Alexr.  Cuming  is  cum  in  souerte  to  the 
bailzeis  to  paye  the  wrang. 

March  2oth. — The  provest  and  haill  communate  hes  ordanit  that  ane 
chartour  be  maid  be  tham  to  .  Forsyth,  smyth,  vpoun  ane  ruid  of  land 
lyand  on  the  northt  syid  of  the  bru'.  nyxt  the  vast  dyik  at  the  vast  port 
of  the  said  burgh  for  ii  s.  annell  to  be  paid  zeirlie  to  the  comound  purse 
of  the  said  burgh. 

Andrew  Mylln  accusit  for  the  wrangus  bying  of  fresche  keling  at  the 
see  syid  within  the  previlegse  of  this  burgh  and  paking  and  peling  thairof 
contrar  the  actis  of  Parliament. 


1550. 

March  3ist.  —  Alexander  Sovter  was  decernit  to  pay  to  James 
Sutherland  the  sovm  of  sax  li.  betuix  this  and  the  senze  of  Murray. 

April  2nd. — The  provest,  baillies,  consell  and  haill  comunate  present 
for  the  tym  hes  grantit  and  gevin  to  William  Levinestoun  the  bell 
comound  of  this  burgh  callit  the  hand  bell  with  all  and  sundre  proffettis, 
commodatiis  and  pertinentis  pertenying  to  the  said  bell  and  offece 
thairof  for  all  the  dais  and  zeris  of  the  said  Williamis  lyfteme  the  said 
William  makand  and  doand  sic  service  and  profett  to  the  comunate 
during  his  lyfteme  as  his  fadyr  James  Levingstoun  doid  and  dois  for  the 
samyn  provyding  that  the  said  James  bruik  the  said  bell  and  profettis 
thairof  for  his  lyvtyme  upoun  the  quhilkis  the  said  William  Levestoun 
desirit  act  of  court. 

April  2ist.  —  Court  haldin  be  James  Innes  and  Thomas  Gaderar, 
baillies.  Gilbert  Kemp,  officiar  unlawit.  Gelis  Scott  oblist  him  fayth- 
fullie  to  content  and  pay  to  Johanne  Woid  ij  firlottis  beir.  Janet  Hay  of 
hir  awin  freewill  grantit  in  jugement  that  she  aucht  to  hald  up  the  hous 
that  Jherome  Schynnar  duellis  in  in  wallis,  tymer  and  thek  for  all  the 
dais  of  hir  lyff  als  guid  as  it  was  the  tyme  that  wmquhill  Sir  Thomas 
Hay  deit. 


IO2 


RECORDS  OF  ELGIN.  [155°. 


Forsamekle  as  Androwe  Mylln  allegit  and  said  that  he  vald  not 
admitt  the  baillies  of  this  burgh  juges  to  him  the  baillies  offerit  tham 
redy  to  be  declinit,  the  said  Androwe  allegand  or  proponand  ony  just  or 
ressonable  exceptioun  to  declyne  tham  according  to  the  laws.  [The 
action  was  between]  Andrew  Mylln  and  William  Alcorne  anent  the 
heretable  right  of  ane  taill  of  land  on  the  north  side  of  the  burgh  betwixt 
the  lands  of  the  commond  venell  at  the  est  part  and  the  lands  of  James 
Rob  at  the  wast  extending  linalie  fra  the  bak  stank  at  the  south  to  the 
burrow  briggis  at  the  northt.  [Andrew  refused  to  produce  his  rights  ; 
Alcorne  produced  an  instrument  of  sasine  of  date  i8th  February,  1549, 
under  the  seal  of  Thomas  Gaderar,  bailie.  Decree  was  given  in  favour 
of  Alcorne.] 

The  assise  deliuerit  be  the  moutht  of  Alexander  Williamsoun,  chancier 
of  the  samyn,  that  Andrew  Mylln  aucht  and  suld  deliuer,  content  and 
pay  to  Thomas  Kair  the  soume  of  ten  sillingis  for  ten  apill  treis  quhilk 
he  rasauit  fra  the  said  Thomas. 

May  i2th.  —  Angnes  Robertsoun  persewit  Johne  Innes,  sonne  to 
vmq".  Robert  Innes  of  Ratmakenze  for  the  sovme  of  twenty  merkis 
money  and  ten  firlottis  victuall  for  hir  lyfrent  of  the  heychous  in  the  gray 
frer  vynd  quhilk  sovm  and  victuall  the  said  Johne  Innes  denyit.  The 
jugis  decrctit  that  the  said  Angnes  failzed  in  hir  preyf. 

Sir  Johne  Chanvall  producit  ane  instrument  of  sesing  maid  to  him  be 
wmqll.  James  Sclatter. 

The  baillies  with  consent  of  the  haill  toneschip  hes  statut  and 
ordanit  for  eschewing  of  the  greit  eting  of  corne  quhilk  is  abill  to  be 
the  harschip  of  this  haill  burgh  that  thair  be  ane  club  passand  throch  the 
toune  and  twa  nychtboris  that  hes  land  to  kep  ane  day  ilk  twa  aboutt 
and  ilk  best  that  beis  fundin  in  the  corne  to  pay  iiii  d.  and  ilk  schallow  of 
scheip  xii  d.  to  be  pait  to  the  pundoris  or  to  the  awnaris  takaris  of  the 
said  guiddis  and  the  testificatioun  of  the  taking  of  the  guiddis  to  be 
rafarrit  in  the  aytht  of  the  takaris  and  it  salbe  lesum  to  the  takaris  to 
pund  the  haill  guiddis  or  ane  best  of  the  schallaw  or  ellis  the  keparis 
clays  and  failzeand  of  ony  of  the  premisis  the  officiaris  to  pas  to  the  hous 
of  the  awnaris  of  the  guiddis  and  deliuer  ane  pund  to  the  takaris. 

June  2nd. — Johanne  Bayne  become  oblist  to  John  Dow  to  deliuer 
alevin  pair  of  goldin  hornis  to  Archibald  Campbell  of  Caldour  at  his 
nyxt  beine  in  this  burgh. 


1 5 SO.]  BURGH  COURT  BOOK.  103 

Thomas  Chalmer  was  decernit  to  content  and  pay  to  James  Pringill 
vi  s.  vi  d.  of  the  rist  of  ane  halff  boll  of  malt. 

The  baillies  decernit  that  William  Zoung  sail  pay  to  Elspet  Gaderar 
ij  firlottis  ij  halffdyschis  of  quhit. 

Johane  Inglis  persevit  Alexr.  Wynchister  as  he  that  feit  him  to  his 
brother  Sir  Thiberius  Vynchister  to  heff  enterit  at  this  Witsunday  and 
refusit  his  seruice  quhilk  feing  the  said  Alexander  confessit  and  incon- 
tinent the  baillies  be  the  consultatioun  of  the  nychboris  decernit  the  said 
Alexr.  to  caus  him  be  rasauit  in  seruice  conforme  to  his  conditioun  and 
failzeand  thairof  sail  pay  him  his  haill  fee  togiddyr  with  viii  d.  ilk  day  he 
offeris  his  seruice  to  him  quhill  the  ische  of  his  terme. 

June  i6th. — Alexander  Hardy  was  convict  for  the  wrangus  deforsing 
of  Thomas  Kar  in  the  taking  of  ane  pott  fra  him  and  sail  ramain  iiij  dais 
in  the  tolbouyth. 

The  assise  [fifteen  in  number]  ilk  ane  of  them  sworne  on  halie  evangyl. 

June  23rd. — The  assise  deliuerit  that  Margarat  Froster  wrangit  in  the 
calling  of  Angnes  Baldoun  comond  theiff  and  that  schew  stall  ane  velvet 
coler  and  hard  hir  selff  cursit  for  the  samyn  for  the  quhilk  the  said 
Margarat  sail  stand  in  the  tolboytht  quhill  sax  houris  at  evin.  Alexr. 
Gib  was  ordanit  to  content  and  pay  to  James  Vardan  thre  sillingis  mone. 

July  2 ist. — Sir  John  Gibsoun  is  procurator  for  Cristen  Dick. 

October  6th. — Heid  burrow  court  Alexander  Innes  of  that  ilk  electit 
provest.  [The  number  of  the  Council  in  all  is  sixteen,  consisting  inter 
alios  of  the  lairds  of  Invermarkie  and  Mayne].  The  quhilk  day  the  haill 
consall  and  comunate  hes  electit  and  chosin  William  Gaderar  and  Johne 
Annand  commond  clerkis  for  ane  zeir.  It  is  statut  and  ordanit  that  na 
derar  aill  be  sauld  within  the  boundis  of  this  burgh  nor  xx  d.  the  gallown 
the  best.  The  prowest  of  his  auctorate  of  prowestre  and  luftennent 
deputrie  has  commandit  and  ordanit  that  na  persoun  within  the  boundis 
of  his  office  rafuse  for  merchandece  or  ony  vther  wys  in  tyme  to  cum 
sowsis  that  pass  nocht  throch  the  ring  and  mesour. 

October  2oth. — Forsamekle  as  our  souerane  Lade  the  quenis  graice 
breve  impetrat  be  William  Cruksank  brother  sovne  to  umq11.  Sir  Cristofer 
Cruksank  vas  lauchfulle  proclamit  to  be  servit  befoir  the  baillies  of  this 
burgh  and  his  petitioun  maid  vpon  ane  ruid  of  land  lyand  on  the  swtht 
syid  of  this  burgh  and  na  persoun  opponand  contrar  the  said  breve 
proclamatioun  and  indorsatioun  of  the  samyn  the  said  petitioun  the  jugis 


104 


RECORDS  OF   ELGIN.  [l55°- 


nor  assise  nor  evidentis  producit  to  that  effect  tha  and  ilk  ane  of  tham 
protestit  solemple  that  tha  suld  incur  na  danger  of  arrour. 

October  26th.— It  is  statut  and  ordanit  that  the  tua  penne  leif  of  guid 
and  fair  stuff  contene  in  vecht  xiiij  vncis  and  the  ane  penne  leif  vii  vncis 
stuf  siclik  and  quha  that  brekis  this  present  act  to  pay  vii  s.  of  vnlaw  and 
the  awnar  of  the  ovin  to  be  closit  fra  that  office  induring  the  prouest  and 
consellis  will  and  viii  s.  vnlaw  the  awnar  of  the  stuff  brekaris  of  this 
secludit  fra  bayking  for  ane  zeir.  And  that  no  penne  kaykis  be  baiking 
to  sell  within  this  bru1.  vnder  the  payne  of  deling  of  the  breid  and  meill 
boycht  to  that  effect  and  viii  s.  vnlaw. 

It  is  ordanit  that  na  persoun  sell  derar  aill  nor  xx  d.  the  galloun  of 
the  best  and  secundar  to  be  sauld  be  the  consideratioun  of  the  sworn 
cunstaris  under  the  payne  of  viii  s.  unlaw  and  deling  of  the  haill  aill  beis 
fund  in  the  disobears  possessioun.  It  is  statut  and  ordanit  that  the  penie 
candill  contene  in  lenth  xiiij  inch  by  the  lenth  of  ane  beir  corne  in  depnes 
and  siclik  the  halpenne  candill  the  tua  penne  candill  conforme  to  the 
lentht  and  depnes  forsaid  under  the  payn  of  deling  of  the  stuff  and 
viii  s.  unlaw.  And  it  sail  be  lesum  to  ony  persoun  to  by  talloun  within 
the  burgh  for  viii  s.  the  stane  to  mak  candill  thairof  for  the  serving  of  the 
Quenis  legis. 

It  is  statut  and  ordanit  that  the  act  of  Parliament  maid  anent  selling 
of  flesche  and  fysche  be  umquhill  King  James  the  fyft  be  put  to  execu- 
tioun  and  that  na  persoun  fre  or  unfre  sell  ony  barkit  ledder  outwith  this 
burgh  under  quhatsumevyr  cullour  or  ingyne. 

It  is  statut  and  ordanit  that  all  comound  stableris  within  this  burgh 
hef  redy  stray  and  corne  to  sell  to  our  souerane  Ladeis  liegis  and  that  tha 
sell  na  derar  nor  viii  d.  the  pect  of  aittis  under  the  payne  of  viii  s.  vnlaw. 

That  na  persoune,  fre  nor  unfre,  skynnar  nor  merchand,  pull  woll 
skynnes  in  tyme  cuming  under  the  payne  of  escheting  of  the  said  skynnis 
and  woll  that  beis  pullit  bot  it  salbe  lesum  to  fre  merchandis  and  uther 
fre  nychtboris  to  use  the  said  vollit  skynnis  in  lesum  merchandice  as 
stapill  guiddis  and  no  uther  wais,  and  attour  it  salbe  lesum  to  skynneris 
to  pull  samone  voll  skynnis  as  will  staik  tham  to  mak  vark  of  within 
thair  bothis  and  nocht  to  be  coveringis  of  quhit  leddyr  and  quhat  quhit 
leddir  tha  mak  that  tha  sell  the  samyn  to  fremen. 

Item  for  eschewing  of  incomodatiis  quhilkis  occurris  within  this  burgh 
throch  housing  of  vitualis  quhilk  suld  be  patent  in  mercat  and  mercat 


1 5 SO.]  BURGH  COURT  BOOK.  IOS 

places  and  not  in  secret  housis  absentit  fra  the  Quern's  graice  liegis  it  is 
statut  and  ordanit  that  na  persoun  within  this  burgh  hous  victuallis  that 
suld  be  sauld  in  mercat  on  mercat  dais  nor  betuyx  mercat  dais  under  the 
payne  of  saxtene  s.  and  gif  ony  wald  keip  victellis  fra  ane  mercat  day  to 
ane  uther  it  salbe  lesum  to  them  to  put  the  samyn  in  ane  hous  under  the 
tolbouyt  which  salbe  redy  to  all  men  fre. 

Item  that  the  baillies  call  the  chaplanis  of  the  kirk  and  put  ordour  to 
tham  anent  the  uphalding  of  Goddis  seruice  and  that  thay  tabill  certane 
honest  men  for  gadering  of  Sanct  Gelis  lycht. 

Item  that  na  persoun  hald  thair  guidding  upoun  the  gett  langar  nor 
the  space  of  thre  dais  under  the  payne  of  viii  s.  and  that  every  persounc 
red  thair  chanellis  within  the  said  spaice  under  payne  siclik. 

October  3ist. — The  provest  hesassignit  the  sevintene  day  of  Noucmber 
nyxt  to  cum  to  Johne  Robertsoun  to  compeir  befoir  him  to  ansuer  at  the 
instance  of  the  preour  of  Pluscarden  and  convent  of  the  samyn  thwyching 
thair  clame  of  xvi  s.  zeirlie  annell  of  certane  croftis  allegit  perteinying  to 
the  said  Johne  and  ilk  parte  to  heff  the  just  defens  to  the  effect  forsaicl. 

It  is  ordanit  that  ilk  persoun  red  the  venellis  within  audit  dais.  Isobell 
Grant  is  in  the  provestis  vill  for  deforcing  of  the  officiar.  The  prouest, 
baillies,  consell  and  haill  communate  hes  licent  the  unfremen  merchantis 
during  thair  will  to  use  merchandece  as  thay  heff  doun  in  tymes  bygane 
quhill  the  xx  day  of  Zouill  nyxt  to  cum  and  quha  that  desyres  not  thair 
fredom  and  beis  abill  thairto  betuyx  this  and  than  to  heff  fredom  furth 
bot  the  tua  mercat  dais  in  the  oik  allanerlic. 

The  provest  and  baillies  hes  ordanit  that  the  personis  that  was 
ordanit  of  befoir  to  gif  Sir  Thomas  Rag  and  Sir  Thomas  Robertson  thair 
burdis  do  the  samyn  in  tyme  to  cum  and  quha  dois  nocht  the  samyn  the 
officiaris  pas  and  pund  the  saidis  personis  failand  for  xvi  d.  ilk  day  and 
deliuer  the  samyn  to  the  saidis  cheplanis. 

The  quhilk  day  the  provest,  baillies,  consell  and  communate  hes  gevin 
and  grantit  to  Maister  John  Lowis,  master  of  the  grammer  schoill  of  this 
burgh,  the  soume  of  fourty  s.  at  Martinmes  nyxt  cumis  and  utheris 
forty  s.  at  Vitsonday  thairefter  and  siclik  xl  s.  at  Mertimes  thaircfter  for 
teching  of  the  said  schoill  out  of  the  comound  purse  of  this  burgh. 

November  4th. — William  Donaldsoun  ordanit  to  pay  to  Thomas  Tait 
for  ilk  boll  malt  he  resauit  fra  him  xxiiij  s. 

The  provest  etc.  for  stanching  of  tullyonis  in  tyme  cuming  hes  statut 

P 


106  RECORDS  OF   ELGIN.  [155°- 

and  ordanit  that  that  burges  that  beis  convict  for  tuilze  sail  pay  for  the 
first  tuilze  viii  s.  and  for  the  nyxt  tuilze  xl  s.  and  tHe  third  tuilze  fremen 
to  tyne  thair  frcdoum  unfremen  to  be  banist. 

The  quhilk  day  Johne  Brabuncr  was  decernit  be  decreit  of  court  to 
wyrk  on  ane  \vob  of  Janet  Cragys  of  xxviii  elnis  -of  quhit  plading 
incontinent  for  the  quhilk  he  salbe  payit  be  the  sycht  of  four  personis  of 
the  brabuncr  craft. 

November  iSth. — The  provest,  baillies  and  consell  hes  ordanit  to  gif 
xl  s.  zcirlic  to  Sir  Thomas  Robcrtsoun  in  tymc  to  cum. 

Androv  Milln  protcstit  in  jugcmcnt  that  forsamckle  as  he  hcd  cuyr  of 
Androv  Maltman  in  kcping  of  him  in  the  tolbooytht  and  mycht  not  keip 
him  langar  thairfor  he  dischargis  him  of  ony  forther  kcping  of  him 
oppinly  in  jugcmcnt  and  qnhat  inconvenient  cumis  in  tymes  cuming 
throch  his  passing  that  it  will  not  be  to  his  hurt.  [Maltman  was 
imprisoned  for  debt.] 

December  pth. — The  assise  [fifteen  in  number]  deliuerit  that  Arche 
Soutar  [and  five  others]  auch  to  be  cnterit  lauborcrs  within  thair  awin 
buikis  at  the  cordinar  craft  q".  Askucdinsday  nyxt  to  cum  for  the  comoun 
weill  of  the  cuntre  /  the  dckin  and  fremen  of  the  said  craft  being 
(Psatesfeit)  be  the  awyis  of  the  baillies  as  wse  is  and  attour  ordanis  that 
Johne  Lesk  [and  five  others]  serve  maistcris  fremen  within  the  said  burgh 
and  halcl  nocht  buthis  of  thair  awin  vndcr  the  payn  of  escheting  of  the 
guidis  thay  wirk  for  the  tyme  to  be  tayne  be  the  dekin  of  the  craft  to  the 
reparatioun  of  thair  altar  and  the  said  personis  to  heff  fra  fremen  for  the 
lauboring  of  ane  hyd  rcdy  to  the  scheping  xiiij  d.  Item  for  the  scheving 
of  ane  pair  of  singill  schovn  ii  d.  Item  for  ane  pair  of  dowbill  schowin 
iii  d.  and  ordanis  that  na  vnfrcman  brak  ledder  wnder  the  payn  of 
cschetting. 

The  consell  ordanis  that  Thomas  Elder  heff  xx  s.  and  Archibald 
Stronach  wther  tuenty  to  by  tham  claythis  of  the  comond  geir. 

Alexander  Wynchester  [and  four  others]  decernit  ilk  ane  of  tham  in 
ane  amerciament  be  the  assise  for  the  wrangus  breking  of  the  statutis  and 
actis  of  this  burgh  in  the  away  heving  of  barkit  leddyr  out  of  the  said 
burgh  and  the  schyir  thairof. 

December  ipth. — The  provest  etc.  has  assignit  tua  auchtene  parts  of 
land  to  James  Winchester  which  pertained  to  Alexander  Winchester  his 
father  on  payment  of  xl  s. 


1 550-1.]  BURGH   COURT   BOOK.  IO? 


I550-L 

January  I2th. — Comperit  Dene  John  Psalter,  ane  of  the  convent  of  the 
monkis  of  Pluscarden  and  desirit  the  balyeis  to  direct  thair  officiar  to 
pound  the  lands  and  crofts  perteining  to  Jhone  Robertsoun  for  certanc 
annell  allegit  awand  to  tham  conforme  to  the  evidentis  maid  to  thame 
thairupoun  and  the  balzeis  offerit  ane  daye  to  be  assignit  to  the  said 
convent  and  to  the  partye  and  the  party  warnit  thairto  and  justice  to  be 
equallie  ministrat  to  both  the  saidis  partiis  [Robertson  appears  on  the  day 
fixed  (2 ist  January)  but  not  Dean  John]. 

January  2Oth. — Vincent  Robertsoun  was  maid  freman  and  burges  of 
this  bru'.  and  maid  his  aytht  as  vse  is  and  pait  xx  s.  to  the  comound  purse. 

February  l6th. — It  is  statut  that  na  persone  within  this  burgh  caghe 
quhit  fysche  fra  ony  port  within  the  schyir  of  Elgin  in  tyme  cuming  under 
the  payne  of  escheting  of  the  said  fysche. 

February  26th. — Court  held  by  Alexander  Innes  of  that  ilk,  provest, 
Androv  Mylln  and  James  Gardin,  baillies,  Megot  Garioch,  William  Innes 
wif,  and  James  vvif  and  the  leif  of  the  candlemakaris  oblist  tham  to  mak 
the  third  of  the  candell  ij  penne  candell  and  the  tua  part  ane  penne 
candill. 

March  5th. — Matthew  Froster  for  dinging  of  the  spous  of  Thomas 
Ayr  to  remayne  this  day  in  the  stokis  till  vi  hours  at  evin. 

The  assise  deliuerit  that  Johane  Annan  aucht  keip  nychtborheid  in 
schawin  of  ry  in  the  crofts  betuyx  the  gray  freris  and  the  vynd. 

March  I2th. — The  provest,  baillies  and  haill  comunate  present  hes 
electit  and  chosin  William  Hay  of  Mayne  precident  of  the  burgh  of 
Elgin  till  the  provest  returnying  ouer  Spey  and  fordyr  at  the  provest 
and  towneschipis  will  till  Mychalmes  nyxt  cumis  and  sworn  thairto. 

Alexander  Skynnar  decernit  to  pay  and  deliuer  to  Alexander  Gaderar 
tua  raybuck  skynnis  as  he  that  rasauit  pament  of  the  samyn. 

March  2ist. — Court  haldin  be  William  Hay  of  Mayne,  precident  of 
the  burgh  and  [four]  baillies.  The  assise  [of  fifteen  persons]  decernit  that 
Jonet  Maitland  is  in  ane  amerchiament  for  the  wrangus  casting  of  ane 
stoup  full  of  ayll  in  Isobell  Douglas  faice  and  dinging  of  her  upoun  the 
heid  with  the  said  stoup  and  calling  of  her  iniurius  and  vyill  vourdis  for 
the  quhilk  she  sail  remayne  in  the  gowis  the  spaice  of  ane  houre  and 


108  RECORDS  OF   ELGIN.  [l55°-I- 

Isobell  Douglas  to  rcmayne  in  the  tolbouytht  this  day  till  vi  houris  at  evin 
for  dinging  of  Jonet  Maitland.  The  assise  find  that  Isobell  Douglas 
wrangit  in  the  calling  of  James  Gardin,  baillie  of  this  burgh,  puyr  harlot, 
beggar  carlis  geit,  sche  vist  nocht  quhair  he  com  or  quhair  he  zeid  for  the 
quhilk  sche  sail  ask  him  instantlie  forgifnes  and  ramayne  in  the  tolbouyth 
fra  this  day  at  sax  houris  at  evin  quhill  the  morn  at  vi  houris  in  the  mornyng 
and  gif  evyr  sche  dois  the  lik  to  be  banest  this  burgh.  The  assise  find 
that  Megot  Urquhard  wrangit  in  the  calling  of  Martein  Sinclar,  officiar 
of  this  burgh,  smaik  and  bidding  him  gang  hang  him  selff  and  the  foure 
baillies  togidder,  sche  wald  nocht  gang  for  his  charge  to  the  tolbouth  nor 
vvald  not  put  the  burgh  in  vse  to  charge  hir  to  the  tolbouth  disobeing  the 
said  officiar  in  the  executioun  of  his  office  for  the  quhilk  sche  sail  remayne 
xxiiij  houris  in  the  tolbouth. 

Ilenre  Bege  decernit  to  keip  his  nychtboris  skaythles  of  thair  corns 
bctuyx  the  gray  frer  vail  and  the  comound  loin. 


'SSI- 

April  1 2th. — Cristen  Woid  to  remane  in  the  tolbouyth  till  sax  houris 
at  evin  for  iniurius  vordis  to  Alexander  Robertsoun,  baillie,  and  ask  him 
forgifnes. 

May  12th. — It  was  decernit  that  Thomas  Ayir  suld  pay  to  Thomas 
Kar  the  sum  of  viii  s.  vii  d.  on  Skirfurisday. 

The  assise  deliuerit  that  Margarat  Hay  obstene  fra  all  reset  of 
nychtboris  servandis  or  utheris  vagabondis  in  tyme  cuming  efter  ix 
houris  of  the  nycht  in  drinking  under  the  payne  of  bancsing  this  burtht 
and  siclik  sail  hef  sufficient  call  zaird  and  elding  according  to  hir  estait 
of  hir  awin  wnder  the  said  payne  and  that  Issobell  Dunnet  hir  servand 
now  cleid  hir  with  ane  honest  man  to  be  hir  maister  fra  Vitsonday  furth 
vnder  the  payne  forsaid. 

May  22nd. — John  Innes,  elder,  sonne  to  vmq11.  Robert  Innes  of 
Rathnakenze  becom  lauborrowis  for  Androve  Boyne  that  James  Grene 
salbe  harmeles  of  the  said  Androve. 

Andrew  Milln  ordanit  to  pay  to  William  Innes  of  Frosterseit  thretty 
three  s.  vsuall  money  for  ilk  boll  of  fourte  bollis  beir  with  the  fodder 
quhilkis  the  said  Andrew  bocht  fra  the  said  William. 


155  !•]  BURGH  COURT  BOOK.  ICX) 

May  25th. — Walter  Lesley  of  Kynnynvy  and  Ferquhar  Stuart  becom 
souerte  that  William  Stuart  sail  nocht  trubill  this  burgh  in  tymis  cuming 
vnder  the  payne  of  x  li. 

June  1st. — The  assise  deliuerit  that  Androv  Boyne  wrangit  in  the 
streking  of  James  Gardin,  bailie  of  this  bru'.,  with  his  hand  upon  the 
brest  within  the  tolbouth  a  litill  after  the  fensing  of  the  court.  The  assise 
[consisting  of  Robert  Innes  of  Innermarky,  William  Hay  of  Mayne  and 
nineteen  others]  ordanis  him  in  tyme  of  he  mes  within  the  paroche  kirk 
of  this  burgh  and  oppinlie  ask  the  said  bailie  forgifnes  and  offir  him  ane 
candill  of  vax  contenand  iiij  pound  wecht  to  be  brunt  afoir  Sanct  Geill 
and  attour  the  provest,  baillies  and  assise  hes  deprivit  the  said  Andrew 
of  his  fredoum. 

June  8th. — Na  bestiall  accept  horse  and  meris  vpoun  tedderis  to  pas 
was  by  the  ouer  treyne  cros  on  the  gett  to  the  Gallovhill,  Palmerfurd 
or  Deidbriggis.  Item  that  na  scabbit  hors  be  fundin  within  the  boundis 
of  this  burgh  fra  xxiiij  houris  furth.  That  na  persoun  cary  peittis  on 
thair  bakis  fra  the  moss  under  the  payne  of  escheting  of  the  creill  and 
pettis  togeddyr  with  thair  cleiding  for  v  s.  of  vnlaw  and  all  to  be  eschet 
to  the  takkar  and  to  be  put  in  the  tolbouyt  xxiiij  houris  and  na  persoun 
carie  pettis  fra  viij  houris  of  the  nycht  till  vi  houris  in  the  morning  vnder 
the  payne  of  banessing. 

June  i6th. — Court  haldin  be  Alexander  Innes  of  that  ilk,  prouest, 
William  Hay  of  Mayne  precident  and  the  baillies.  Andrew  Morisoun 
and  Johne  Barbur  banist  for  ane  zeir  and  gif  ony  rassauis  tham  to  be 
accusit  for  art  and  part  of  thair  dedis.  John  Murray  decernit  to  mak 
compt  recknying  and  pament  to  Androve  Alves  for  ane  firlott  victuall 
sax  pectis  beir  and  ane  covering  of  ledder  to  be  ane  doublet. 

Dauid  Gaw  becom  in  the  prouestis  vill  for  the  trubling  of  tua  vemen 
/  and  for  the  deforsing  of  Thomas  Kar,  officiar,  in  the  nocht  passing  to 
the  tolboyth  efter  he  was  chargit  be  the  said  Thomas  /  and  for  the  furth 
passing  out  of  the  tolbouyth  vnfundin  souerte  after  that  he  was  chargit 
to  hef  remanit  thair  quhill  he  hed  fundin  souerte  for  the  quhilk  the 
provest  ordanit  the  said  Dauid  to  be  put  in  the  stokis  quhill  he  var 
forder  avysit. 

July  6th. — John  Murray  grantit  in  jugement  that  he  com  catioun  for 
Sir  James  Kar  for  the  sovm  of  xl  s.  for  ane  zeris  maill  bypast  of  his 
chalmer  to  John  Torre  and  the  baillies  hes  gevin  him  Lammes  day  nyxt 
to  cum  to  pay  the  said  Johne  Torre  or  preve  him  pait  of  the  said  sovm. 


HO  RECORDS  OF   ELGIN. 

William  Hay  be  his  grant  as  souerte  for  Thomas  Colle  was  decernit 
to  mak  James  Pringillis  kill  vatter  thitht. 

July  30th.— Mvrell  Caldour,  Maister  Alexander  Cuming  [and  five 
others]  decernit  for  selling  vyne  at  xiid.  the  pint,  and  sail  pay  this  fait 
ilk  persoun  xvi  s.  and  gif  ony  brekis  the  statutis  of  this  bru'.  in  the  selling 
of  thair  vyne  thair  vyne  to  be  eschett  all  that  tha  hef. 

James  Watt  was  decernit  to  pay  to  Thomas  Vmphray  the  price  of 
alevin  quartan's  of  gray  price  of  the  cine  xv  s.  togidder  with  viis.  for  ane 
ottir  skyn.  Thomas  Wmphray  vas  decernit  to  pay  to  James  Watt  ane 
fir  burd  and  ane  irin  stanchion. 

Janet  Vrycht  vas  decernit  to  pas  and  serue  Hendre  Bege  conforme  to 
her  conditioun  and  falland  thairoff  sail  pay  him  the  fe  promest  be  him  to 
hir. 

The  prouest  with  consent  of  the  haill  comvnate  for  dalie  incon- 
venientis,  tuilzeis,  flytingis  and  vnlefull  deids  commit  be  Elezabet  Leslie 
spous  to  .  Law  hes  banest  hir  of  this  bru'.  during  his  vill  and  gif  sche 
beis  fundin  within  the  samyn  without  licence  to  be  brint  vppoun  the  chik 
with  the  comound  seill. 

Archibald  Andersoun  be  his  avvin  grant  vas  decernit  to  pay  to 
Thomas  Robertsoun  sax  merkis  mone  and  ane  sark  for  the  maill  of 
his  hous. 

October  5th. — The  haill  communate  has  electit  and  chosin  Alexr. 
Innes  of  that  ilk  provvest  for  ane  zeir.  The  counsell  and  comunate  of 
this  bru'.  hes  eleckit  and  chosin  Jhone  Innes,  eldar,  Jhone  Innes,  zoungar, 
Jhone  Annand  and  Andro  Myln  balzeis  for  ane  zeir.  [Four  officers 
elected,  William  Gaderar  elected  scribe  and  William  Levingstoun 
dcmpster.  The  Council,  including  provost  and  baillies,  was  eighteen  in 
number,  from  whom  were  chosen  eight  cunstars,  four  "lynaris"  of  land 
and  eight  "  pryscris  "  of  flesh.] 

Robert  Straquhen  be  the  consent  of  the  provest,  baillies,  consell  and 
comvnate  was  maid  and  sworin  freman  and  burges  of  the  said  burgh 
grantis  accept  to  bankat  the  baillies,  vpoun  the  quhilk  the  said  Robert 
desirit  act  of  court. 

October  i2th. — Anne  Sinclar  wrangit  in  calling  of  Robert  Tailzeour 
theif  carle. 

October  i6th. — The  statutis  maid  That  na  derar  aill  be  sauld  within 
this  bru'.  nor  xx  d.  the  gallovne  the  best  and  secundar  as  it  salbe  sett  be 


ISSI-]  BURGH   COURT   BOOK.  Ill 

the  cunstaris  vnder  the  payne  of  deling.  Item  that  na  persoun  sell  ayill  hot 
with  ane  selit  quart,  pint  or  chopping  vnder  the  payne  of  viii  s.  and  that 
nayne  be  sauld  w'.  coggis,  pigis  or  coppis  vnder  payne  siclik.  Item  that 
na  persoun  forstall  victual!,  fysche,  fleshe  or  ony  vther  stuf  within  the 
boundis  of  the  said  bru'.  vnder  the  payne  of  escheting  of  the  samyn  and 
inhibitioun  to  be  put  to  the  forstallaris  to  vse  ony  fredovm  for  the  spaice 
of  ane  zeir  thaireftir  and  that  na  persoun  resett  betuyx  mcrcattis  in 
howsis  and  sell  the  samyn  within  the  said  hous  vnder  the  payne  of 
escheting  of  the  vittuallis  and  the  hovsar  to  be  compellit  to  pay  the 
samyn  to  the  awnar  of  the  vittuall.  Item  that  the  tua  d.  leif  contein  in 
vecht  xiiij  vnce  and  the  I  d.  leif  vii  vnce,  and  quha  brekis  this  statuttis 
the  breid  to  be  delit  and  failzeand  of  the  breid  viii  s.  vnlaw.  Item  that 
the  quhit  candill  be  of  the  auld  mcsour  and  the  actis  anent  the  talloun 
be  kepit  vnder  the  payne  of  deling.  Item  that  na  derar  horse  corne  be 
derar  sauld  nor  vii  d.  the  pect  vnder  the  payne  of  viii  s. 

October  23rd. — [The  Sub-prior  of  the  Abbey  of  Kinloss  claims  2s.  of 
an  annual  for  sixteen  years  from  John  Torre  of  two  roods  of  land  on  the 
south  side  of  the  burgh.  Torrie  denies  liability.]  William  Gadcrar 
grantit  to  pay  2s.  annell  to  the  plaice  of  Kynlos  gif  my  lord  bishop  of 
Orkynnay  decernis  him  to  do  the  samyn. 

October  26th. — The  assise  deliuerit  that  Alexander  Smyth,  alias 
Blaysande,  wrangit  in  the  streking  of  William  Cuming,  sone  to  wmq11. 
Cutbert  Cuming,  for  the  quhilk  he  sail  ramayne  xxiiij  houris  in  the 
stokkis,  and  gif  evyr  he  dois  the  maik  in  tyme  to  cum  to  be  banist  this 
bru1.  perpetnallie. 

November  2nd. — Johne  Tailzour  vas  decernit  to  pay  to  Barrald 
Tomsoun  for  ilk  boll  of  tua  bollis  malt  xxxi  s.  vi  d. 

November  i6th. — Anent  the  claym  of  twa  s.  annell  clamit  be  the 
convent  of  Kinlos  fra  Jhone  Torrie  of  the  said  Jhonis  land,  the  prowcst 
and  balzeis  cognossand  vpoun  the  richtis  producit  befor  thame  and  vther 
probatioun  tane  befor  thame  decernis  the  said  Johne  Torrie  to  content 
and  paye  to  the  said  convent  tuelf  pennies  zeirlie  of  his  said  land  in  all 
tyme  to  cum  and  of  the  termis  bygane  sa  far  as  thai  want  and  ordanis 
the  said  Jhone  Torrie  to  haue  place  agane  the  analier  and  thair  airis  and 
gif  the  said  convent  maye  preif  the  tother  tuelf  penneis  clamit  be  thame 
decernit  thame  to  haue  place  saiffand  and  without  prejudice  of  ony  vther 
annell  vpoun  the  quhilk  the  Supprior  of  Kinlos  in  name  of  the  convent 
desirit  act  of  court. 


112 


RECORDS  OF  ELGIN.  [l 5 Si- 


Sir  James  Kar  was  decernit  be  his  awin  confessioun  to  contint  and 
paye  to  James  Pringill  thirte  schillingis  betwx  this  and  the  fest  of  Sanct 
Andro. 

James  Pringill  was  decernit  to  ressaue  for  ane  chalder  of  victuall  xx'x 

schillingis  for  ilk  boll. 

Comperit  personalie  in  jugement  Florence  Runsiman  and  presentit 
our  souerane  lade  the  quenis  graice  legittimatioun  under  writtin  and 
intimat  the  samyn  and  efter  the  said  intimatioun  the  forsaid  legitimatioun 
was  oppinlie  proclamit  at  the  mercat  croce  of  the  said  burgh  at  the 
command  of  the  provest  and  baillies  as  follows  : 

Maria  dei  gratia  regina  Scotorum  Omnibus  probis  hominibus  suis  ad 
quos  presentes  litere  peruencrint  Salutem  Sciatis  quia  ex  nostra  special! 
favore  cum  auisamento  consensu  et  auctoritate  charissimi  nostri  consan- 
guine! et  tutoris  Jacobi  Arrane  comitis  domini  Hainmiltoune  regni  nostri 
protcctoris  ct  gubernatoris  dcdimus  ct  concessimus  ac  tenore  presentium 
damns  et  conccdimus  dilecto  nostro  Florentine  Runsyman  bastardo  filio 
natural!  quondam  domini  Dauid  Runsyman  capellani  in  Elgin  de  Murray 
plcnariam  potcstatcm  .  .  .  libere  disponerc  super  omnibus  et  singulis 
suis  terris  ...  in  cujus  rci  testimonium  prescntibus  magnum  sigillum 
nostrum  apponi  prccepimus  apud  Edinburgh  viccsimo  quinto  die  mensis 
Marcii  anno  domini  millesimo  quingentesimo  quinquagesimo  et  regni 
nostri  octauo. 

[Compeared  also  with  letters  of  legitimation  of  date  at  Edinburgh, 
26th  August,  1550,  Teophilus  Jhonsoun,  Sir  James  Jhonsoun  and  Fransy 
Jhonsoun,  "bastardis  filiis  naturalibus  "  of  Sir  Willyem  Jhonsoun,  chap- 
lain. After  being  read  in  court  the  letters  were  proclaimed  at  the 
market  cross.] 

November  23rd. — The  assise  deliuerit  that  Alexr.  Vardan  wrangit  in 
streking  of  ane  servand  pertenying  to  William  Vardan  at  the  vattir  syid 
of  Lossie  and  cutting  of  hir  clayis  and  dovme  gevin  thairupoun. 

The  assise  deliuerit  that  Merioun  Byrneth  wrangit  in  the  avay  taking 
of  ane  ketil  of  Petyr  Slorachis  and  sail  restoir  the  samyn. 

December  ist.  —  Franse  Johnestoun  was  maid,  creat  and  sworne 
freman  and  burges  of  this  burgh  be  the  haill  nychtboris  for  the  quhilk 
he  sail  mak  the  comound  wax  of  this  burgh  for  tua  zeris  nyxt  heireftir. 

The  provest  etc.  hes  ordanit  that  Sir  Thomas  Robertsoun,  cheplane, 
hef  2os.  of  the  rist  of  his  Vitsunday  fe  last  bypast  and  405.  for  his 
Mertimes  fe  last  bygaun  out  of  the  comound  purse. 


I551'2-]  BURGH  COURT  BOOK.  113 

The  provest  and  baillies  with  avise  of  the  nychtbouris  hes  decernit 
that  Thomas  Ayir  pay  James  Pringill  xvi  libs,  for  ane  chalder  malt. 

The  provest,  baillies,  consell  and  communate  hes  oblist  tham  selfis  to 
gif  to  James  Innes,  quha  clamit  the  tua  auchenpartis  quhilk  vas  wmq". 
Alexr.  Wynchester,  zoungaris,  but  quhilk  the  provest  etc.  are  content 
that  the  said  Alexander  Wynchisteris  sone  hef,  ane  auchenpart  of  land 
that  sail  hapin  to  waik  in  the  tovnis  handis  nyxt  heirefter  accept  ane 
auchenpart  quhilk  is  promest  be  the  tovnischip  to  Alexr.  Williamsoun 
that  sail  first  hapin  to  vaik  attour  the  said  Alexr.  Wynchistir  to  pay  to 
the  said  James  iiii  libs,  money  betuyx  the  dait  heirof  and  Askwcdinsday 
and  iiii  libs,  to  be  takin  of  the  comound  geir  to  be  gevin  to  the  said 
James.  This  present  act  to  hef  na  strcntht  to  ony  vther  pcrsoun  in  tyme 
to  cum  bot  the  act  maid  vi  May  a°.  IM.  Vc.  xlix  to  be  kepit  in  all  punctis. 

Murell  Caldour  was  decernit  to  deliuer  to  Maister  Alexander  Cuming 
as  procurator  for  Archibald  Campbell  of  Caldour  xi  pair  of  golden  hornis 
betuyx  the  dait  heiroff  and  the  xx  day  of  Zouill  nyxt  to  cum. 

December  I4th. — Alexander  Hardy  was  decernit  be  his  awin  grant 
to  pay  to  Alexr.  Gaderar  xl  s.  in  penne  vorthis  betuyx  the  dait  heirof 
and  new  zeirisday  nyxt. 

The  quhilk  day  William  Smyth  oblist  him  to  big  the  dyk  he  brak  to 
Hendre  Beg  as  guid  as  it.wes  quhen  he  kest  it  doun.  James  Runseman, 
officiar  to  my  Lord  bischope  of  Murray,  rcquirit  William  Mylln  to  remvif 
his  scheip  out  of  the  said  lordis  grund  and  in  cais  he  pundit  the  said 
sheip  for  det  or  custumis  of  the  said  lordis  grund  the  samyn  said  be  na 
wrang  nor  the  said  James  compellit  to  restoir  tham  agayne. 

December  iQth. — The  quhilk  day  the  provest  etc.  hes  statut  and 
ordanit  that  na  persoun  sell  wyne  within  the  collaigc  of  Murray  under 
the  payne  of  escheting  of  it  conforme  to  our  soucrane  ladie  the  quenis 
grace  letteris  under  the  payne  of  escheting  and  that  no  wyne  be  sauld 
derar  within  this  burgh  nor  xii  d.  the  pint  under  payne  siclik. 


January  nth.  —  Heid  burrow  court.  Sir  James  Kar,  cheplane, 
cognossit  by  the  assise  as  nerest  and  lauchfull  ayr  to  umquhill  Patrik 
Kar. 

Q 


II4  RECORDS  OF  ELGIN.  [l 55 1-2- 

David  Zoung  wcs  maid  burges  and  freman  be  the  consent  of  the 
provcst,  baillies,  consell  and  haill  communate  and  maid  his  aytht  as  vse 
is  for  the  quhilkis  he  pait  vs.  and  hes  purs  quhilk  wes  gevin  to  the  puyr 

folkis. 

January  1 8th.— John  Grant  Moir  decernit  to  mak  pament  of  xu 
mcrkis  money  to  Johne  Grant  of  Balnadallacht  for  the  maill  of  ane 
hous  within  the  burgh  of  Elgin  perteining  to  the  said  Johne  Grant  of 
Balnadallacht. 

January  26th.— Walter  Hay  to  pay  halfe  ane  stane  of  wax  to  Sanct 
Gelis  work  for  selling  of  wync  within  the  college  of  Murray  and  gif  evyr 
he  dois  sic  in  tymc  cuining  he  sail  pay  the  price  of  ane  punsioun  of  wyn 

vnforgevin. 

The  quhilk  clay  Uodlok  wcs  decernit  for  her  demereitis  to  be  put  in 
the  gowes  and  stand  thair  till  vi  houris  at  evin  and  thaireftir  banist  this 
burgh  perpetual!  and  gif  she  bcis  apprehendit  within  this  burgh  in  tyme 
to  cum  to  be  brint  upon  the  click  with  the  comound  seill  that  selis  the 
firlottis. 


1552. 

March  28th.— It  is  statut  that  quhatsumcuer  persoun  within  this 
burgh  tak  aff  the  fcild  in  any  place  his  nychtboris  harrowis,  harrow 
graitht,  plcwcht  nor  plewcht  geir  to  work  with  and  beis  apprehendit 
thairwith  or  knawin  doand  it  sail  content  and  pay  to  him  that  aw  the 
said  graithc  xx  schillingis  but  remissioun. 

Robbe  Morcis  being  persewit  be  Jhone  Annand  for  xxvi  s.  mone  for 
the  price  of  ane  fille  quhilk  he  bocht  fra  the  said  Johne  tuke  on  hand  to 
preif  that  the  said  fille  deit  in  the  scab  within  xx'x  dais  eftir  he  bocht  the 
said  fille  fra  him  or  ellis  to  mak  payment.  [He  falzeitt  in  his  preiff.] 

April  26th. — The  consall  assign  tua  auchtane  partis  to  Thomas 
Umphray. 

May  gth. — Thomas  Kar  dcnyit  oppinlie  in  jugement  that  he  evyr 
said  that  Sir  James  Kar  tuik  out  ane  bullax  of  his  out  of  his  house  or 
that  Sir  James  cursit  for  the  samyn  and  instantle  Charlis  Gray  granttit 
that  he  gef  the  bullax  to  the  said  Sir  James  quhilk  he  sauld  to  William 
Adam  and  offerit  him  to  varand  the  forsaid  bullax  to  the  said  Sir  James. 


I552-]  BURGH   COURT  BOOK.  1 15. 

May  i6th. — The  assise  deliuerit  that  Thomas  Ayir  deliuer  ane 
bressin  pott  to  Sir  James  Douglas  quhilk  perteins  to  the  said  Sir  James 
provyding  the  said  Sir  James  content  and  pay  to  the  said  Thomas  quhat 
soume  the  said  Thomas  may  preve  that  Janet  Douglas  aucht  to  the  said 
Thomas  and  the  baillies  assignit  the  Mununday  efter  Trinate  nyxt  cumis 
to  preve  the  said  dett  and  ordanis  the  pott  to  be  put  in  the  keping  of  ane 
baillie  q".  the  said  day. 

June  1 3th. — Johne  Innes,  eldar,  baillie  protestit  forsamekle  as  Johnc 
Annand,  baillie,  rais  ouit  of  jugement  onrequirit  be  ony  parte  the  court 
beand  fencit  in  his  naym  and  procurit  for  William  Hill  to  the  hurt  of  his 
actioun. 

Johne  Annand,  clerk  of  the  bischopis  court,  protestit  that  the  pre- 
ceding contra  Wm.  Hill  be  nocht  hurt  to  the  bishop  of  Murrais  priuilcghe 
and  his  regality  and  that  the  refusing  to  replege  the  said  William  to  the 
said  bishopis  court  be  sufficient  caus  to  call  the  said  baillies  and  inter- 
loquitor  to  be  punist  as  law  vill. 

The  assise  deliuerit  that  William  Hill  aucht  and  suld  pay  to  Johne 
Innes  the  sovme  of  xviii  sillingis  money  and  dovme  gevin  thairupoun. 

October  3rd. — Alexander  Innes  of  that  ilk  clectit  provest ;  John 
Innes,  son  to  umquhill  Robert  Innes  of  Rothnakenze,  William  Gaderar 
and  Alexander  Williamsoun  electit  baillies  ;  William  Hay  of  Mayne 
chosen  precident  of  said  burgh. 

Sir  John  Gibson  protestit  in  name  of  the  chapplanis  of  the  cathedrall 
kirk  of  Murray  that  the  production  of  ane  evident  in  jugement  be  George 
Mortimare  vpoun  ane  rude  land  Hand  vpoun  the  south  sid  of  this  burgh 
to  the  effect  the  said  George  motht  be  enterit  in  the  suit  roll  for  the  said 
landis  nocht  contenend  na  anvvell  to  be  pait  to  the  saidis  chaplanis  be 
nocht  prejudiciall  to  tham  in  tym  cuming  bot  that  tha  ma  haif  zeirlie 
payment  of  the  anwell  thai  wer  in  vse  of  payment  abefoir  of  the  said  land. 

Gelis  Tailzour  wes  maid  fremen  and  burges  of  this  burgh  be  consent 
of  the  provest,  baillies,  consell  and  communate  of  the  samyn  and  sworin 
as  vse  is  and  payit  thairfor  v  s.  to  the  provest  quhilk  ves  gevin  to  the 
puyr  folk. 

October  I7th. — Alexander  Wynchester  confessit  that  he  becom  souerte 
that  the  price  of  ane  kow  and  tua  scheip  pertenying  to  Alexr.  Hardy  suld 
be  furth  cumand  at  the  instance  of  James  Vilsoun  the  price  thairof 
extending  to  xlvis.  viiid. 


Il6  RECORDS  OF  ELGIN.  [ISS2. 

Angnes  Villsoun  ves  decernit  to  pay  to  Androve  Boyne  x  s.  for  the 
half  of  ane  swyne. 

The  assise  deliuerit  that  Antoun  Froster  and  Alexr.  Douglas  wrangit 
in  the  takin  of  schorin  aittis  out  of  the  feldis  of  Elgin  in  greit  quantate 
for  the  quhilk  tha  salbe  put  in  the  stokis  and  remane  thair  for  xxiiij 
houris  and  gif  evyr  tha  do  sic  in  tyme  to  cum  to  be  banist  this  burgh 
during  thair  willis  that  beis  baillies. 

The  assise  deliuerit  that  Alexr.  Douglas  wrangit  in  the  streking  of 
William  Kay  throch  the  coit  sleif  with  ane  quhyngar  for  the  quhilkis 
caus  he  sail  kery  na  wapin  with  ane  punct  for  zeir  and  day  and  gif  evyr 
he  dois  sic  in  tym  to  cum  to  be  extremlie  punist. 

October  24th.  —  Alexr.  Williamsoun  confessit  that  the  serving  of 
Margrat  Calder  oo  to  wmq".  Janet  Innes  (?)  lady  of  that  ilk  of  ony  annell 
of  the  ruid  of  land  quhairin  the  said  Alexr.  duellis  in  be  na  hurt  nor 
prejudice  to  him. 

Marrcoun  Bege  ves  decernit  to  deliuer  ane  pott  to  William  Sinclar 
quhilk  pott  sche  confessit  that  sche  borrowit. 

James  Duf  ves  decernit  to  keip  Ellcne  Innes  nychtborheid  in  hir 
zaird  and  quhat  the  said  Ellcne  causis  be  cstimat  that  sche  hes  gottin 
schaythc  throch  the  said  James  to  pay. 

November  8th. — Johane  Annand  oblist  him  to  redeym  certane  siluer 
verk  laid  in  ved  be  him  to  James  Gardin  within  xv  dais  and  failzeand 
thairof  it  salbe  lesum  to  the  said  James  to  apprise  the  samyn  for  his 
mone. 

November   I5th. — The  prouest,  baillies,  consell  and  commvnate  hes 
statut  and  ordanit  that  na  pcrsoun  this   zeir  schaw  vther  seidis  in  the 
feldis  folloving  vnder  the  payne  of  ten  s.  to  ilk  nytbour  that  lyis  in  ilk 
syid  of  him  that  brekis  and  xx  s.  to  Sanct  Gelis  lycht : — 
The  thortir  feld  all  aittis. 
The  lynt  haucht  beyr. 
Cnariscruik  pes. 
Blayrmvir  beir. 

The  southt  syid  of  Vndersalkis  aittis. 
The  northt  syid  pes. 
The  neder  salkis  aittis. 
Knokargat  beir. 
The  svitting  akeris  beir. 


1 5 52.]  BURGH  COURT  BOOK.  117 

The  clay  pottis  beir. 

The  tunggis  of  Baldonishalc  quhit. 

All  that  wes  quhit  thair  to  be  beir. 

Fra  the  goit  to  the  beir  /  aittis. 

Fra  the  goit  to  the  ron  (?)  quhit. 

All  bischopis  hale  quhit. 

And  the  tungis  quhit. 

The  furdis  aittis. 

The  Sanquare  hill  pes. 

Vnder  the  hill  pes. 

The  north  syid  beir. 

Brusland  aittis. 

Staindales  beir. 

The  Cragheid  beir. 

Palmersyid  ry. 

Heycht  meringis  beir. 

Gledishalc  ry  and  quhit. 

The  vast  syid  of  the  north  of  the  gallovhill  beir. 

The  est  syid  thair  ry. 

Mare  veil  ry. 

The  vest  half  betuyx  the  gettis  and  the  toder  halff  thair  beir  all. 

The  Fluris  beir. 

The  holinis  ry. 

Andro  Boyne  and  Alexander  Wynchister  wer  mad  kirk  maisteris  for 
ane  zeir. 

November  I5th. — Thomas  Kar  wes  fundin  in  ane  amerchiament  for 
the  saying  that  Thomas  Ayir  hed  not  pait  for  the  hors  he  stall  fra 
Hendre  Beg  and  sail  pay  i  lib.  wax  to  Sanct  Gelis  lycht  and  siclik 
Thomas  Ayir  is  ane  amerchiament  for  the  calling  of  Thomas  Kar  pykar 
theif  and  sail  pay  I  lib.  wax  siclyk. 

November  2ist. — It  is  statut  that  na  person  bring  beif  to  hald  or  sell 
within  this  burgh  in  tyme  to  cum  out  of  ane  suspect  plaice  quhair  the 
pest  of  guiddis  is  or  sail  happin  to  be  under  the  payn  of  banessing  of  fre 
and  vnfre  and  ascheting  of  thair  haill  geir  that  sleis  or  byis  ony  sic  bestis 
and  that  na  beff  be  slayne  to  sell  within  this  brugh  quhill  thay  get  lecence 
vnder  the  same  payne. 

Robert  Innes  decernit  to  deliuer  to  Alexr.  Hardy  i  boll  victuall  or 
ellis  xvi  s.  for  the  said  boll. 


Il8  RECORDS  OF  ELGIN.  [l 552-3- 

November  29th.— James  Gardin  ves  decernit  to  pay  to  Johne  Annand 
the  sovmes  vndervvretin  quhilk  he  referit  in  his  aytht  that  is  to  say  x  s. 
for  the  making  of  ane  charter  and  instrument  vpoun  William  Innis  hous 
and  tua  s.  viiid.  of  the  rist  of  ane  instrument  of  Ferquharis  annell  and 
four  s.  for  ane  doubell  assedatioun  of  Thomas  Robertsounis  hous  togidder 
with  the  just  payment  for  the  gevin  of  tua  furris  to  ane  croft  be  the  sycht 
of  tua  person  is. 

The  assise  deliuerit  that  William  Donaldsoun  audit  and  suld  pay  to 
Angnes  Braid  x  s.  in  nayme  of  Sir  Dauid  Setone. 

December  iSth. — The  provest  and  baillies  and  commound  consell  of 
this  burgh  is  electit  and  chosin  commissioneris  to  sett  all  commound 
takis  of  this  burgh  on  the  xi  day  of  Januar  nyxt  to  cum  for  thre  zeris 
efter  the  terme  of  Vitsunday  nyxt  thairefter  and  proclamatioun  maid 
thairupoun. 

The  provest  be  the  advyis  of  the  haill  comunate  hes  dischargit  the 
scoill  haldin  be  Sir  Thomas  Rag  in  his  chalmer  in  tyme  cuming  bot 
it  salbe  lesum  to  him  to  tcche  in  the  comound  grammer  scoill  with 
the  maister  and  siclik  hes  requirit  and  chargit  Sir  James  Kar  to  teche  ane 
sang  scoill  conforme  to  his  conditioun. 


I552-3- 

January  Qth. — Legitimation  grantit  be  our  Souerane  Lord  James  the 
fyft  to  Maister  William  Gordon,  thcsaurer  of  Cathnes,  and  Maister 
George  Gordoun,  capitane  of  Badcnoch,  his  brother  [and  May  (Mariote) 
Duffus,  thair  modir,  bastard  dochter  of  Sir  John  Duffus,  chaplan]  sonis 
natural  of  Maister  Adam  Gordoun  [read  in  court  and  at  the  "  mercat 
croce"  and  here  registered].  .  .  in  cuius  rei  testimonium  presentibus 
magnum  nostrum  sigillum  apponi  precepimus  apud  Elgin  vicesimo 
quarto  die  mensis  februarii  anno  domini  quingentesimo  vicesimo  septimo 
et  regni  nostri  decimo  quarto. 

January  30. — Actioun  anent  the  tua  auchinpartis  debatibill  betuyx 
James  Innes  and  Issobell  Vilman.  [The  assise  in  this  case  consisted  of 
thirty-one  persons.] 

March  24th. — The  quhilk  day  ane  rycht  nobill  and  mychty  lord 
George  Erll  of  Hwntlie  Lord  Gordoun  and  Badzenoch  and  procuratour 


1 5 52-3-]  BURGH   COURT   BOOK.  1 19 

of  the  law  for  George  Gordoun  his  sone  comperit  in  jugement  and 
prescntit  ane  breiwe  of  our  souerane  Ladais  cheppell  impetrat  at  the  said 
George  instance  to  the  baizes  of  this  burgh.  The  said  nobill  and  mychty 
lord  nomine  quo  supra,  tuke  instrument  and  act  of  court  vpoun  the 
fensing  of  court  that  the  curt  forsaid  was  lauchfullie  and  dewle  fensit  in 
presens  of  the  balzies  that  na  man  maid  impediment. 

Item  the  said  Lord,  nomine  quo  supra,  tuke  act  of  court  and  instru- 
ment that  Charles  George,  officiar,  maid  his  faitht  in  jugement  at  the 
command  of  the  balzeis  that  he  maid  dew  executioun  of  his  office  in 
proclamatioun  of  the  brewe  forsaid  in  presens  of  certane  famous  witnes 
being  siclike  sworne  for  verificatioun  of  his  executioun. 

The  said  daye  the  said  lord  nomine  quo  supra  tuke  instrument  and 
act  of  curt  that  the  brewe  being  red  indorsatioun  thairof  and  petitioun  of 
the  landis  in  speciall  and  all  parteis  callit  quha  pretendit  entres  to 
compeir  as  thay  wald  wyn  and  tyn  na  persoun  comperit  to  oppone 
contrar  ony  point  of  the  samyn. 

The  said  daye  the  said  lord  nomine  quo  supra  desirit  instrument  and 
act  of  court  that  na  party  comperit  to  oppone  contrar  the  personis  of 
inquest  nor  the  admissione  of  thame  and  vpone  thair  aithts  gevin  vpon 
the  samyn. 

The  said  daye  the  said  lord  nomine  quo  supra  producit  in  jugement 
ane  instrument  of  sesing  vpoun  the  landis  pertenying  to  vmq11.  James 
Erll  of  Murraye  lyand  within  the  burgh  of  Elgin  of  the  dait  at  Elgin  the 
[blank]  zeris  to  be  schawin  to  the  personis  of  assise  for  seruing  of  the 
said  brewe. 

[The  inquest  was  held  in  the  tolbooth  of  Elgin  in  presence  of  William 
Hay  of  Mayne,  president  of  the  burgh,  John  Innes,  son  natural  of 
umquhill  Robert  Innes  of  Rothnakenze,  and  Alexander  Williamson, 
bailie,  on  24th  May,  1552,  by  the  following:  John  Forbes  of  Tolleis, 
John  Graunt  of  Balnadallacht,  Alexander  Gordoun  of  Baldornie,  Alexr. 
Innes  of  Plaiddis,  Patrick  Stewart  in  Tannaquhy,  Charles  Geddes,  John 
Innes,  David  Garntule  in  Fornaty,  Andrew  Boync,  burgess  of  Elgin, 
Walter  Hay,  ibidem,  John  Innes,  son  of  umquhill  James  Innes  of  Drainie 
ibid.,  James  Gardin  ibid.,  William  Aulcorne  ibid.,  Thomas  Young  ibid., 
John  Robertsoun  ibid.,  James  Pedder,  ibid,  and  William  Hay  ibid.,  who 
being  sworn  find  that  the  deceased  Alexander,  Lord  Gordon,  brother  of 
George  Gordon,  bearer  of  these  presents,  died  last  vest  and  seased  in  the 


I2O 


RECORDS  OF  ELGIN.  [l552-3- 


lands  back  and  fore  in  the  garden,  tail  and  pertinents  in  the  burgh  of 
Elgin  on  the  east  part  of  the  Queen's  High  Street  between  Herviesfield 
on  the  north,  the  Queen's  grace  High  Street  on  the  south,  the  lands  of 
Robert  Innes  and  Elizabeth  Douglas  on  the  east  and  St.  Ninian's  land 
on  the  west,  which  lands  pertained  formerly  to  James,  Earl  of  Moray, 
said  lands  being  valued  now  at  twenty  pounds  per  annum  of  current 
Scots  money  and  in  time  of  peace  were  valued  at.  13  lib.  6s.  8d.  of  said 
money.] 

[Here  appears  copy  of  deed  of  date  I2th  October,  1546,  showing  that 
there  compeared  before  the  bailie  (Gaderar)  "vencrabilis  vir"  Mr.  William 
Gordon,  canon  of  the  Cathedral  of  Moray  and  prebendary  of  Duthil  and 
attorney  of  Alexander,  Lord  Gordon,  son  and  apparent  heir  of  George, 
Earl  of  Huntly,  and  there  asked  sasine  of  the  land  and  tenement,  back 
and  fore,  with  garden,  tail  and  pertinents  lying  in  the  burgh  of  Elgin, 
formerly  pertaining  to  James,  Earl  of  Moray,  bounded  tit  supra,  and 
presented  precept  of  sasine  from  Queen  Mary  of  date  5th  August  and 
fourth  year  of  her  reign,  which  lands  now  pertained  to  the  Queen  as  heir 
of  the  said  Earl  of  Moray  or  by  privilege  of  the  crown  and  kingdom  by 
escheat  by  reason  that  the  said  James  was  born  and  died  bastard  and 
without  lawful  heirs  of  his  body  and  without  lawful  disposition  of  said 
land  and  tenements.  The  above  was  clone,  the  said  William  Gordon 
being  attorney,  in  presence  of  William  Gaderar,  younger,  burgess  of 
Elgin,  Sir  William  Young,  Sir  William  Hume,  chaplains  of  the  Cathedral 
kirk  of  Murray,  James  Birnie,  physician,  Sir  John  Seton  knight,  &c.] 

At  Edinburgh,  4th  February,  1552,  before  the  Lords  of  Council,  viz., 
George,  Earl  of  Huntly,  chancellor,  Robert,  Bishop  of  Orkney,  Mr.  John 
Bellenden,  &c,  compeared  Master  Henry  Lawder,  advocate  to  our 
Sovereign  Lady,  against  John  Stuart,  bastard  son  of  umquhill  James, 
Earl  of  Murray,  the  said  John  Stuart  having  alleged  himself  heritably 
"  seasit  in  ane  land,  tenement  and  luging  in  the  burgh  of  Elgin,"  bounded 
ut  supra,  pertaining  to  Alexander,  Lord  Gordon,  son  to  George,  Earl  of 
Huntly,  "and  the  said  Johne  Stuart  hes  fenzied  ane  instrument  vnder 
the  signe  and  subscriptioun  manuale  of  .  Strathaauchin,  vicar  of 
Caldell,  notar,  and  hes  vsit  und  intendis  to  vse  the  samyn  as  ane  trcw 
evident  quhowbeit,  as  the  said  advocat  is  informit,  the  said  instrument  is 
fals  and  fenzeit.  The  said  Johne  Stuart  ofttimes  callit  but  not  com- 
peirand  the  Lordis  .of  Consell  decretis  that  said  instrument  is  of  nane 
availl,  force  nor  effect." 


I553-70-]  BURGH   COURT   BOOK.  121 


1553- 

April  loth. — Statuta.  Gif  ony  flessour  blawis  fles  the  samyn  to  be 
escheit. 

Item  gif  thay  sell  within  hous  xs. 

Item  na  schoris  be  vpoun  ane  schep  bot  tua  vnder  the  payn  of  ten  s. 

Item  that  naync  be  derar  said  nor  tha  ar  prisit  vnder  the  payne  of  x  s. 

Item  that  nayne  be  sauld  vnprisit  vnder  the  payne  of  x  s.  and  this 
statut  to  extend  vpoun  burgh  and  land. 

April  i /th. — The  provest  and  baillies  with  consent  of  the  consell  and 
comunate  present  for  the  tyme  hes  statut  that  ilk  auchenpart  kep  the 
cornis  i  day  and  the  club  to  pas  throch  all  the  tovne  on  that  maner  and 
the  kepar  of  the  corne  for  his  day  to  tak  of  ilk  best  accep  scheip  he  findis 
in  the  corne  iiii  d.  and  that  na  scheip  pas  vest  by  the  trcyne  cors  noder 
the  gett  to  the  Sanquhary  nor  Fluris  vnder  the  payne  of  i  d.  ilk  scheip. 


1570. 

The  burrow  court  of  the  bru'.  of  Elgin  halden  within  the  tolbuith  of 
the  samyn  be  Jhone  Annand  provest  and  Alex1.  Guthery  anc  of  the 
bailzeis  thairof  the  tent  day  of  Apryle  the  zcir  of  God  IM.  Vc.  threscoir 
ten  zeiris. 

Walter  Hay,  goldsmyth,  burges  of  Elgin  was  decernit  and  ordanit  to 
content  and  pay  to  Stewin  Couper,  indvvellar  thair  xvi  s.  money  for  the 
price  of  ane  skin. 

George  Skadkayll,  cordiner  in  Elgin  was  decernit  and  ordanit  to 
content  and  pay  to  Ade  Grant,  baxter  thair,  vii  s.  money  within  xv  clays 
for  the  bigging  of  ane  mud  dyk. 

George  Bonyman,  merchand  in  Elgin,  vas  decernit  and  ordainit  to 
pay  to  Sir  Villiam  Dowglas,  vicar  of  Elgin,  xvi  s  money  for  the  price  of 
twa  pundis  of  insufficient  unzone  seidis  quhilk  the  said  George  sauld  to 
the  said  Sir  Villiam  in  Marche  was  ane  zeir. 

April  24th. — The  quhilk  day  George  Bonyman,  merchand  in  Elgin, 
was  decernit  in  his  absens  to  pay  to  Sir  Villiam  Dowglas,  vicar  of  Elgin, 

R 


122 


RECORDS  OF  ELGIN.  [l57O- 


xxviii  s.  money  for  the  lois  and  skayth  he  hes  sustenit  in  his  zaird  this 
last  zeir  throch  the  twa  pundis  of  insufficient  vnzone  seid  sauld  be  him  to 
the  said  Sir  Villiam  quhilk  was  provin  and  estimeit  be  Villiam  Varden. 

May  29th.— John  Anderson,  flescher  in  Elgin,  being  persewit  for  the 
wrangus  deforsying  of  Thomas  Kar,  officiar,  in  nocht  entering  within  the 
tolbuith  of  this  bru'.  on  the  xxij  day  of  this  instant  moneth  as  he  that 
was  chargit  thairto  be  the  said  officiar  to  haif  ansuerit  at  the  instance  of 
the  provest  for  certane  causes  to  haif  bein  proponit  in  his  contrar  the 
said  deforsmcnt  being  denait  be  the  said  Jhonc  Anderson  and  thairefter 
the  samyn  being  provin  be  certane  famows  vitnes  sworn  and  admittit  be 
the  said  Jhone  Anderson  the  jugis  present  for  the  tym  decernit  the  said 
Jhone  to  haif  doin  wrang  in  the  wrangus  deforsyng  of  the  said  officiar 
the  said  xxij  day  and  thairfoir  his  hail  guids  and  geir  to  pertein  to  our 
soucrane  loird  the  kingis  grace  vse  and  profeit  and  his  bodie  to  be  punist 
at  his  grace  vill  and  pleysour. 

June  1 2th. — The  burrow  court  of  the  bru1.  of  Elgin  haldin  within  the 
tolbuith  of  the  samyn  be  Jhone  Annand,  provest,  Alexr.  Guthery,  Dauid 
Thomson,  bailzeis  of  the  samyn. 

William  Hardy,  burges  of  Elgin  becom  actit  souerty  and  lauborrus 
for  Valter  Innes,  flescher  thair,  that  Jhon  Beig,  tailzour  thair,  salbe  harmles 
and  skaithles  of  all  bodelly  harm  in  all  tymis  cuming  as  law  will  vnder 
the  pain  of  law  and  the  said  Valter  actit  to  releys  the  said  William 
thairof. 

Valter  Hay,  goldsmyth,  burges  of  Elgin,  vas  decernit  to  pay  to  Jhone 
Bcig,  tailzour  thair,  nyn  s.  x  d.  mony  within  xv  days  for  the  rest  of  certane 
cleth  coft  be  him  fra  the  said  Jhon  dyveris  tymis  to  be  gala  brekis  and 
making  of  the  samyn. 

Archibald  Gaderar,  burges  of  Elgin,  and  Andrew  Burnet,  burges  thair, 
was  decernit  and  ordanit  ilk  ane  off  tham  to  pay  to  Dauid  Vat,  burges 
thair,  twa  fir.  victual!  within  xv  days  for  supportyng  him  to  giff  met  to  Sir 
Thomas  Robertson  sen  Sanct  James  day  last  bypast  to  Sanct  James  day 
nixt  to  cum. 

The  heid  burrow  curt  of  the  bru'.  of  Elgin  haldin  within  the  tolbuyth 
of  the  samyn  be  Jhone  Annand,  provest  of  Elgin,  Dauid  Thomsone  ane 
of  the  balzeis  of  the  samyn  the  secund  day  of  October  the  zeir  of  God 
IM.  Vc.  sewinte  zeiris  the  sectis  callit  the  curt  fensit  and  affermit  lauch- 
fullie  as  vse  is. 


157°-]  BURGH  COURT   BOOK.  123 

Nomina  inquisitionis. 

Master  Alcxr.  Dowglas,  Villiam  Gaderar,  Dauid  Thomson,  Recherd 
Robertson,  Andrew  Barnet,  James  Vat,  Valter  Aildcorn,  Villiam  Zoung, 
Blais  Alues,  Jhone  Grant,  Thomas  Rechardson,  Villiam  Hardy  and  Jhon 
Vmfra,  elder. 

The  quhilk  day  the  personis  of  the  inquyst  hes  seruit  Thomas  Zoung, 
burges  of  Elgin,  neirest  and  lauchfull  air  to  vmq11.  James  Zoung,  sone  to 
vmq11.  Robert  Zoung,  fader  broder  to  Thomas  Zoungis  fader  foirsaid 
quhilk  vmquhill  James  Zownng  deit  at  our  souerane  lord  the  kyngis 
grace  fayth  and  pace  in  the  moneth  of  Junij  the  zeir  of  God  ane  thousand 
fywe  hunderyt  threscoir  nyn  zeiris. 

October  gth. — Nomina  communis  consilii:  The  provest,the  four  bailzeis, 
master  Alexr.  Dowglas,  Villiam  Gaderar,  James  Garden,  James  Sutherland, 
Villiam  Hay,  Alexr.  Vinsister,  zounger,  Andrew  Boyn,  and  Villiam 
Aildcorn. 

The  names  of  the  cunstaris  :  Franse  Jhonson,  Recherd  Murray  and 
Blais  Alues  for  the  south  eist  quarter,  Patric  Anderson,  Androw  Barnet 
and  Thomas  Recherdson  for  the  south-vest  quarter,  Villiam  Zoung, 
Androw  Hay  and  Dauid  Vat  for  the  northvest  quarter,  Androw  Cowe, 
Archibald  Annand  and  Villiam  Campbell  for  the  northeist  quarter. 

The  names  of  the  lynnaris  :  Dauid  Vat  [and  7  others]  with  ane  of  the 
bailzeis  with  tham. 

Prysaris  of  flesch  :  James  Pringill  [and  6  others]. 

Statuta. 

Item  it  is  statut  and  ordanit  the  gallown  of  guid  aill  salbe  sauld  for 
twa  s.  the  gallown,  pryce  of  the  quart  vi  d.  and  secundar  be  the  discretioun 
of  the  cunstaris. 

Item  that  the  twa  penny  leiff  be  of  xii  vnce  wecht  and  the  plak  leiff 
dowbill  als  mekill  of  guid  and  sufficient  breid  and  quhen  ony  persoun  or 
baikster  bakis  ony  breid  that  the  bakister  caus  the  persoun  that  bakis  or 
him  self  baik  the  ane  half  of  twa  penny  breid  and  the  vther  half  of  plak 
breid  and  that  the  samyn  be  bakin  of  flowr  sufficient  stuff. 

Item  it  is  statut  and  ordanit  the  twa  penny  leif  of  breid  of  quhyt  be 
of  xvi  vnce  vecht  and  that  na  persoun  bakister  within  this  bru'.  baik  to 
ony  persoun  of  the  clois  without  tha  hew  the  statutis. 

Item  that  the  stane  of  schip  tallown  be  sauld  for  xiiij  s.  the  stan  and 
stan  of  nolt  tallown  for  xij  s.  the  stan. 


124  RECORDS  OF   ELGIN. 

Item  that  the  penny  candill  be  of  xi  ensche  by  the  oe  end  the  deipnes 
of  the  lenth  of  ane  bair  coirn  the  ane  half  off  the  candill  that  salbe  maid 
be  of  penny  candill  and  that  the  twa  penny  candill  be  of  dwbill  thiknes 
of  the  penny  candill. 

Item  that  na  persoun  carry  ony  talloun  or  candill  furth  this  town 
vnder  the  pain  of  xl  s.  money  and  the  candill  or  talloun  to  be  eschet  to 
the  apprehendaris. 

Item  that  the  pcct  of  guid  aittis  be  sauld  with  the  commoun  pect  for 
viij  d.  the  pect. 

Item  that  the  best  barkit  hyd  that  salbe  barkit  within  this  town  sail 
be  sauld  for  xxij  s.  the  barkit  hyd  to  frcmen  and  craftismen  and  secundar 
of  ane  mcnor  price. 

Item  that  the  pair  menis  schoin  be  sauld  for  twa  s.  four  d.  and  secundar 
of  minor  price  and  vemcnnis  schoin  xx  d. 

Item  that  all  personis  bayth  frc  and  onfre  within  this  bru'.  be  simpliciter 
dischairgeit  off  ony  barking  of  nolt  ledder  without  speciall  leceance  of 
the  provcst,  bailzeis  and  cunsall  in  ony  tymis  cuming  except  fremen  to 
scrue  thair  avin  famelly  and  quha  dois  in  the  contrar  to  pay  ten  lib.  vnlaw 
without  remissioun  quhow  oft  tha  sallhappin  to  contrawen  the  samyn. 

Item  that  nather  provcst  nor  bailxe  of  this  bru'.  relax  or  lows  ony 
arrestmentis  to  be  maid  be  the  adwyse  of  the  cunsall  for  breking  of  ony 
of  the  statutis  foirsaidis  without  assent  or  consent  of  the  cunsall  hed 
thairto  in  ony  tym  cuming  vndcr  the  pain  of  ten  libs,  to  be  payt  and 
vpliftit  of  the  lowsaris  of  the  arrestmentis  to  the  commoun  weill  of  this 
burgh  als  oft  as  he  salbe  found  culpabill  thairinto. 

Item  that  all  personis  that  slais  flesche  to  be  sauld  bring  the  samyn  to 
the  publict  mercat  with  the  talloun  hyd  and  skyn  thairof  and  that  the 
samyn  be  nocht  spoulzeit  vnder  the  pain  of  eschetyng  thairof. 


1570-1. 

January  I5th. — John  Anderson,  flescher,  was  decernit  to  pay  to  James 
Ferie  x  s.  as  price  of  xvi  cowpfullis  of  dry  peitis. 

Comperit  Sir  Florens  Winsister,  cheplan,  lyfrenter  of  ane  pece  of  land 
callit  Boyellis  hortchet  and  requerit  the  jugis  to  ressaif  Thomas  Innes, 
spous  to  Helen  Vinsister  and  Thomas  Tulloch  induellaris  in  Elgin  souerteis 


I570-I-]  BURGH  COURT  BOOK.  125 

and  cationeris  for  him  that  the  housis,  zairdis,  dykis  and  treis  standan 
and  biggit  vpoun  the  said  land  pertenand  to  Jhone  Annand,  provest  of 
Elgin,  in  heritage  salbe  of  als  gude  valedity  and  sufficicnce  the  tyme  of 
the  said  Sir  Florens  deceis  as  the  samyn  was  the  tyme  of  the  said  Jhone 
Annand,  provest,  gat  first  sesing  theirof  of  the  dait  the  secund  day  of 
Merche  the  zeir  of  God  1556. 

Jhone  Vmfray,  zounger,  burges  of  Eigin,  becom  actit  to  pay  to  dame 
Elizabet  Douglas  of  Pettindrych  fourty  tua  s.  money  within  xv  days  for 
the  pryce  of  ane  boll  of  quhyt  and  Alexr.  Vinsister,  minister  thair,  fourty 
fyve  s.  money  for  the  pryce  of  thre  bollis  aittis. 

Willam  Mussat,  leyche  in  Elgin,  was  ordanit  to  delyucr  to  Alcxr. 
Williamsone,  burges  of  Elgin,  ane  lok  with  ane  key  of  the  said  Alexanders 
heych  hous. 

January  29th. — [Thomas  Robertson  is  seised  of]  ane  pecc  of  land 
callit  Vestir  Croftcry  lyand  betuix  the  commond  landis  of  the  commonety 
of  the  said  bru'.  callit  Eister  Croftcry  prcsentlie  occupeit  be  Dauid 
Thomsone  and  Thomas  Zoung  at  the  cist  pairt  and  the  commond  passage 
quhilk  passis  fra  the  said  bru'.  to  the  kingis  vestir  mill  at  the  vest  part 
extending  linally  fra  the  kingis  he  get  quhilk  passis  fra  the  said  bru1.  to 
Pettindrych  and  Schanchoryhill  at  the  sowth  part  to  the  passage  betuix 
the  said  pece  of  land  of  Croftcry  and  the  waiter  of  Lossy  at  the  north 
pairt. 

Sir  Florens  Vinsister,  cheplan,  comperit  and  ouergef  fra  him  the  lyfrent 
of  Boyllis  hortchet  lyand  upoun  the  south  syd  of  the  said  burgh  quhilk 
he  presentlie  dwellis  into  with  houses,  biggingis,  horchet  and  zairdis 
standing  thairupoun  lyand  betuix  the  landis  of  Our  Lady  cheplandry 
fundit  within  the  paroche  kirk  of  Elgin  at  the  eist  part  and  the  stane  wall 
sumtyme  of  the  freiris  minoris  of  the  said  bru1.  at  the  vest  extending 
linally  fra  the  bak  passage  of  the  said  bru1.  at  the  north  part  to  the  croftis 
of  land  sumtyme  pertenand  to  Thomas  Zoung,  now  pertenand  to  Thomas 
Hay  at  the  sowth  part  in  fauoris  of  Jhone  Annand,  provest  of  Elgin. 

Blais  Alues,  burges  of  Elgin,  was  decernit  to  delyuer  to  Thomas  Gaw, 
cordinar  ane  hyd  and  halfhyd  sufficient  barkit  leddyr  quhilkis  failzeand 
to  pay  as  pryce  for  the  samyn  fourty  tua  schillingis  money. 

Walter  Innes,  flescher  in  Elgin,  was  decernit  to  pay  to  Jhone  Innes  of 
Auchtluncard  thre  libs,  xv  s.  viij  d.  money  in  compleit  payment  of  four 
bollis  malt. 


I26  RECORDS  OP  ELGIN.  [l57°-I- 

Alexr.  Cuming,  spous  to  Katheren  Douglas,  was  decernit  to  delyuer 
to  Thomas  Cleroch  ane  tablet  and  hert  of  siluer  quhilk  Besse  Douglas, 
spous  to  the  said  Thomas,  laid  in  plage  to  the  saidis  Alexander  and 
Katheren  prowyding  the  said  Thomas  pay  sevin  s.  mony  to  the  said 
Alexr.  quhilk  the  said  tablet  and  hart  was  laid  awaid  for. 

William  Bomannoch  was  decernit  to  pay  to  Hector  Angus  xvi  s.  for 
the  pryce  of  ane  blak  bonnet  provyding  the  said  Hector  resaif  ane 
almery  fra  the  said  William  for  payment  of  the  sowm  of  thre  libs,  xiij  s. 
iiij  d.  for  the  pryce  thairof  quhilk  the  said  bonnet  was  giffin  in  arlis 
thairof. 

William  Gordon  was  decernit  to  pay  to  Androw  Sanders  in  Langbryde 
xij  s.  vi  d.  for  the  pryce  of  fyve  quartcris  muttoun. 

February  5th. — Alexander  Guthery  was  decernit  to  pay  to  Robert 
Innes,  broder  german  to  James  Innes  of  Urany  xxv  s.  for  the  pryce  of 
aucht  scheip. 

William  Reid  was  decernit  to  pay  to  Patric  Andersone  ane  half  boll 
vict.  within  xv  days  and  ane  vther  half  boll  vict.  betuix  this  and  the  xxv 
day  of  Julij  that  nixt  cumis  /  and  Jannct  Reid  his  sister  als  mekle  victuall 
at  the  days  foirsaidis  for  supporteing  the  said  poore  in  giffein  mait  to 
Sir  Thomas  Robertsone  cheplan  be  the  space  of  tua  zeiris  to  cum  at  the 
said  xxv  day  of  Julij.  [Also  Alexr.  Mill  to  pay  to  David  Thomson  a 
boll  victual  for  supporting  the  said  David  in  giving  meat  to  Sir  Thomas 
Robertson,  Katherine  Adamson,  relict  of  William  Kinggorn,  to  pay  two 
firlots  victual  for  supporting  the  said  David  and  Archibald  Gaderar  and 
Andrew  Burnett  to  pay  to  David  Watt  two  firlots  victual  for  supporting 
the  said  David  Watt  ut  supra.] 

February  igth. — William  Tailzour,  son  to  vmquhill  Robert  Tailzour, 
was  decernit  in  amerciament  in  the  vrangus  iniureing  of  Jhone  Thomsoun, 
alias  Thomas  Jhone,  and  streiking  the  said  Thomas  vpoun  the  heid  within 
his  hous  and  takein  of  of  his  bonnet  and  strampein  of  the  samyn  in  the 
myr  bcfoir  the  said  J hones  duir  and  thairfoir  to  remain  in  the  stokkis  the 
space  of  xxiiij  houris  and  to  be  baneist  of  this  toun  gif  he  committis  sic 
offensis  to  ony  persone  within  this  town  in  ony  tymes  cuming. 

Actum  extra  judicium  in  presentia  Joannis  Rutherfuird  vnius  balliu- 
orum  burgi  de  Elgin  primo  die  mensis  Martii  anno  Domini  1570.  The 
quhilk  day  George  Gray,  induellar  within  the  bru1.  of  Invernes,  hes  maid, 
constitut  and  ordanit  Charles  Gray,  burges  of  Elgin,  his  lauchfull  cessioner 


I571-]  BURGH   COURT   BOOK.  127 

and  assignay  in  and  to  ane  tua  bandit  swoird  delyuerit  be  him  to  be 
eikkit  be  Jhone  Lamb,  smyth  in  Rossyll. 


157I- 

The  burrow  court  of  the  bru1.  of  Elgin  haldin  within  the  queir  of  the 
paroche  kirk  of  Elgin  be  Jhone  Annand,  provest,  and  Dauid  Thomson, 
balzie  of  the  samyn,  the  last  day  of  Apryll  the  zeir  of  God  IM.  Vc.  thre- 
scoir  xi  zeiris.  Jhone  Watson  is  decernit  to  mak  ane  sufficient  dyk  at  the 
endis  of  his  zaird  and  betuix  the  said  Jhonis  zaird  and  James  Pringillis 
zaird  safar  as  salbe  modefeit  and  decernit  be  the  lynaris  of  this  bru'. 

James  Mechell  confessit  judicially  as  he  that  was  persewit  be  Patric 
Grant  of  Daluey  that  he  had  resauit  fra  Master  Villiam  Grant  broder 
germane  to  the  said  Patrec  ane  targat  of  gold  in  plege  of  sewin  libs,  ten  s. 
monye  quhilk  the  said  James  refereit  in  the  said  Mr.  Williamis  ayth  the 
awaill  of  the  said  targat  extending  to  the  vvcicht  and  avvaill  of  ten  crownis 
of  the  sone. 

May  7th. — Thomas  Vmfra,  burges  of  Elgin,  comperit  judicially  and 
thair  renuncit  and  owergef  fra  him  his  twa  auchtenparts  of  land  lyand 
within  the  greischip  of  the  said  brugh  in  the  handis  of  Dauid  Thomson, 
ane  of  the  bailzeis,  be  ane  officiaris  wand  in  fauoris  of  Hew  Vmfra  his 
sone  and  apperand  air  his  airis  and  assignais  quhilk  Dauid  Thomson, 
bailze,  at  the  command  of  the  bailzeis  and  the  rest  of  the  burgessis  and 
fremen  of  the  said  bru1.  and  be  thair  consentis  hes  giffin  and  giftit  of  the 
saidis  twa  auchtenparts  of  land  to  remain  with  him  in  all  tymis  cuming 
as  vse  is  to  burgesses  of  this  burgh  to  jose  and  occupy  for  payment  of 
xl  s.  for  his  entres  siluer  thairof  to  the  common  guid  of  this  bru'. 

June  25th. — Jennet  Kar,  spous  to  Jhone  Duncan,  was  decernit  in  ane 
amerciament  for  the  wrangus  iniuryng  Megot  Nachty,  spous  to  Dauid 
Scherar,  in  saying  Maky  maie  yow  ceist  ane  barrall  of  makis  furth  of  the 
weym  yow  castis  bot  kitlyngis  and  nocht  childeryng,  and  thairfor  to 
remain  in  the  tollbuith  xlviij  houris  and  giffe  scho  commit  sic  iniurius 
wordis  or  the  samyn  to  the  said  Megot  or  to  ony  vtheris  person  or  personis 
in  tymis  cuming  to  pay  fywe  libs,  mony  to  the  person  iniurit. 

June  28th. — Statutum.  Ane  act  maid  for  stansckeing  of  birnyng  of 
peittis  within  the  mois  of  Mostowe.  George  Robertson  and  James  Duff, 


128  RECORDS  OF  ELGIN.  [l57I- 

smythis  in  Elgin,  of  thair  awin  fre  moteif  villis  becom  actit  nocht  to  birn 
no  paittis  within  the  mos  of  Mostowe  in  na  tymis  cuming  nor  caus  thair 
servandis  birn  peittis  betuix  Pasche  and  Hallow  day  vnder  the  pain  of 
ten  libs,  monyc. 

October  I  St.— Curia  capitalis  burgi  de  Elgin  tenta  in  pretorio  ejusdem. 
The  quhilk  day  Thomas  Zoung,  Dauid  Thomson,  James  Gardin  and 
Alexr.  Guthery  war  creatit  bailzeis  for  the  space  of  ane  zeir  quha  maid 
thair  ayth  of  fidelity  for  leill  and  trew  administratioun  of  the  said  office. 
The  said  day  William  Hay  was  creatit  scrybe  quha  maid  his  ayth  of 
fidelety.  The  said  day  Martein  Sinclair  was  creatit  dempster  quha  maid 
his  ayth  of  fidclyty  as  said  is. 

Nomina  communis  consilii :  The  provest,  the  four  bailzeis,  Alexander 
Vinsister,  minister  [and  7  others].  The  lynaris :  Alex1'.  Vinsister,  elder 
[and  5  others].  The  prysaris  of  flysche :  Alexr.  Vinsister,  elder  [and  6 
others].  The  cunstaris  :  Franse  Jhoneson  [and  1 1  others]. 

Statuta. 

It  is  statut  that  the  galloun  of  best  eill  within  this  bru'.  salbe  sauld  for 
tua  schillingis  and  the  secutidar  of  minor  prycc  be  discrctioun  of  the 
cunstaris. 

Item  that  na  plak  bred  be  baikin  within  this  bru'.  for  the  space  of  ane 
zeir  to  be  sauld  be  na  persone  within  the  samyn  vnder  the  pane  of  fourty  s. 
vnla  quhow  oft  thai  contravein  the  same.  Item  that  all  personis  within 
this  bru1.  baik  tua  penny  leiffis  of  sufficient  stufe  and  weill  baikin  to  haif 
the  veicht  of  aucht  vnce  vnder  the  pane  of  escheting  of  the  haill  baitchc 
baikin  for  ilk  tyme. 

Item  that  the  stane  of  nolt  talloun  be  sauld  for  xij  s.  and  scheip 
talloun  for  xiiij  s.  vnder  the  panis  foirsaidis.  The  penny  candle  of  ane 
xj  inche  lenth  and  of  thiknes  of  ane  beir  coirn  and  the  residew  of 
candillis  aboif  the  same  according  to  the  saidis  statutis  pryce. 

The  pck  of  guid  hoirs  corn  for  x  d. 

Item  that  sufficient  barkit  hyddis  be  sauld  for  xxx  s.  to  all  personis 
within  this  bru1.  and  insufficient  of  minor  pryce  vnder  the  pane  of 
escheteing  and  that  nane  kary  nor  sauld  the  same  vttouth  this  bru'.  by 
the  awys  of  the  consall  vnder  the  pane  foirsaid. 

Item  that  all  cordineris  within  this  bru'.  or  vttouth  the  same  that 
sail  happin  to  sail  schone  within  the  same  that  thai  sail  the  pair  of 


1 57 1 -2.]  BURGH  COURT  BOOK.  129 

menis  schone  for  thre  s.  and  the  wemen  schone  for  tua  s.  of  the  best 
thai  haif  and  the  secundar  of  minor  pryce. 

That  all  personis  slayaris  of  flesche  within  this  bru1.  or  vttowth  the 
same  and  bringis  to  be  sauld  within  the  same  to  bring  the  hyd,  skyn  and 
tallown  to  be  sauld  within  the  merkit  of  the  bru1.  foirsaid  vnder  the  pane 
of  escheting  of  the  flesche. 

October  3rd. — Villiam  Zoung,  sone  and  apperand  air  to  Thomas 
Zoung,  burges  of  Elgin,  with  consent  and  assent  of  the  bailzeis  cunsall 
and  maist  pairt  of  the  burgessis  of  the  said  bru1.  was  maid  burges  and 
freman  thairof  quha  maid  his  ayth  off  fidelity  thairupoun  according  to 
the  vse  of  burgessis  for  the  quhilkis  he  payt  fywe  s.  mony.  Efter  the 
quhilkis  Alexr.  Mill  maid  judicially  assignatioun  of  ane  of  his  auchten 
partis  of  land  lyand  within  the  greschip  of  the  said  bru1.  in  fauoris  of 
the  said  William  Zoung. 

1571-2. 

January  yth. — Head  Court. — The  jugis  hes  assignit  this  day  xv  days 
to  James  Gardin  to  produce  his  evidentis  for  incerting  him  in  the  suit 
roll  of  this  burgh  for  the  landis  of  Sanct  Duthakis  cheplanre. 

January  2ist. — The  burrow  court  of  the  bru1.  of  Elgin  haldin  within 
the  queir  of  the  paroche  kirk  of  Elgin.  The  quhilk  clay  David  Torry 
and  Jhone  Mill,  skynner,  induellars  in  Elgin,  producit  thair  supplicationis 
in  wreit  desyring  the  bailzeis,  counsall  and  community  burgessis  of  the 
bru1.  of  Elgin  judicially  present  for  the  tyme  to  admit  and  ressaif  thame 
as  burgessis  and  freemen  of  the  same,  quhilk  supplicationis  and  petitionis 
being  red  the  bailzeis,  counsall  and  community  burgessis  of  the  said  bru'. 
all  in  ane  voce  admittit  the  saidis  David  and  Jhone  to  the  liberty  and 
fredome  of  the  said  bru1.  and  that  in  respect  of  thair  guid  behaiffingis  in 
tymes  bypast  quhilkis  Dauid  Torry  and  Jhone  Mill  maid  thair  aithis  of 
fidelity  to  be  trew  and  leill  burgessis  of  the  bru1.  foirsaid  and  als 
vthirways  as  vse  is  of  burgessis  to  mak  thair  faith  of  fidelity  in  tyme  of 
thair  creatioun  for  the  quhilkis  ilk  ane  of  the  saidis  personis  ar  becum 
actit  to  pay  to  the  thesaurer  of  the  said  bru1.  to  be  furthcumand  to  the 
vtility  of  the  commond  weill  thairof  fourty  schillingis  mony  of  this  realm. 

Villiam  Gordoun  was  decernit  to  pay  to  Jhone  Innes  of  Auchluncard 
thre  libs,  mony  as  souerty  for  Thomas  Gillimichaell  in  Glasgrein. 

S 


130  RECORDS  OF  ELGIN.  [I571'2- 

January  29th. — Agnes  Broun,  spous  to  Androw  Mill,  was  deccrnit  in 
amcrtiament  for  the  wrangous  iniuring  of  Margaret  Smyth,  spous  to 
Charles  Gray,  in  calling  her  freiris  hour,  preistis  hour,  and  thairfor  hes 
fund  Jhone  Annand  souerty  for  fyvc  libs,  gif  scho  iniuris  hir  the  lyk  in 
tymes  cuming. 

February  2nd. — Thomas  Robertsone,  burges  of  Elgin,  becom  actit  to 
pay  to  James  Gardin,  burges  thair,  the  sowm  of  tuenty  ane  libs,  sax 
schilling!*  audit  penneis  vsuall  mony  of  this  realm  as  souerty  and 
cationer  for  anc  rycht  hono".  Lady  Dame  Elizabet  Gordoun,  Lady  of 
Finlatour,  quhilkis  failzeing  to  content  and  pay  to  the  said  James  Gardin 
thretty  tua  bollis  victuall  for  the  said  sowm  of  money  to  wit  ane  boll  of 
victuall  for  ilk  mark  of  money. 

February  nth. — Jhone  Innes,  lemmand  to  Bessie  Hay  in  Elgin,  was 
deccrnit  to  pay  to  Robert  Tailzour  xxxx  thre  schillingis  four  penneis 
vsuall  money  of  this  realm  within  twenty  anc  days  for  the  rest  of  his  fie 
for  the  biggyng  of  anc  owne  in  Garmoch. 

March  loth. — Alexander  Cuming,  spous  to  Kathercn  Dowglas, 
induellar  in  Elgin,  be  his  awin  confession  was  decernit  to  pay  to 
Jhone  Cramond  in  Inschekeill  xxxv  s.  money  betuix  this  and  Palm 
Sunday  for  the  pryce  of  fywe  firlottis  malt. 


1572. 

March  29th. — Burrow  Court.  The  jugis  at  the  desyr  of  Wm.  Zoung, 
sone  to  Thomas  Zoung,  burges  of  Elgin,  hes  ordanit  that  ane  of  the 
bailzeis  of  the  said  burgh  with  four  circumspect  burgessis  of  the  samyn 
pas  to  the  landis  of  the  greischip  thairof  quhair  Alexander  Millis  twa 
auchtcn  partis  of  land  lyis  and  thair  cawill  and  diwyd  the  sone  syd  of 
tham  fra  the  schaddow  syd  thairof  that  the  said  William  Zoung  may 
knaw  and  intromet  with  the  ane  auchten  part  thairof  of  quhilk  lyis  on 
the  sune  syd  thairof  be  resson  the  said  William  Zoung  hes  gottin 
assignatioun  thairof  be  the  haill  burgessis  of  the  said  burgh  be  dimissioun 
thairto  be  the  said  Alexander  in  thair  handis  in  the  saidis  bailzeis  handis 
judicially  in  fauoris  of  the  said  William. 

May  1 2th.— Jennet  Paterson,  the  relict  of  vmq11.  James  Guthery, 
sadler  in  Elgin,  was  decernit  be  hir  awin  confession  to  delyuer  to  Sir 


1572.]  BURGH  COURT   BOOK.  13! 

Villiam  Sutherland,  person  of  Moy,  ane  irn  pot  quhilk  sche  borrowit  fra 
him  at  the  feist  of  Zowill  in  anno  1570  or  the  just  awaill  thairof. 

June  23rd. — George  Skadkaill  and  his  spous  was  decernit  to  pay  to 
Valter  Innes,  flescher,  aucht  s.  mony  and  sufficient  zewpingdaill  within 
xv  days  in  compleit  payment  of  ane  syd  of  beiff,  ane  quarter  of  multoun, 
four  veymis  of  panscheis,  fywe  glang  of  nolt  feit  and  ane  zewpyngdaill 
laid  in  plege  to  the  said  Georges  vyff  to  the  said  Valter  and  als  decernit 
the  said  Georges  vyff  in  amerciament  for  the  wrangus  injuryng  the  said 
Valter  in  callyng  him  scheipstaller  and  commond  theif  his  fader  decessit 
ane  beggar  and  his  moder  ane  commond  hewr  and  all  his  sisteris 
commond  theiffis  and  thairfoir  to  ask  him  forgiffyngis  for  the  samyn  and 
siclyk  on  Sunday  nixt  to  cum  to  compeir  in  tym  of  preening  afoirnoin 
in  presens  of  the  minister  and  congregatioun  within  the  paroche  kirk  of 
this  bru1.  and  siclyk  ask  the  said  Valter  forgiffyngis  and  say  thair  to  him 
scho  knawis  no  thing  to  the  said  Valter  his  fader,  moder  nor  sisteris  bot 
guid  and  honesty  and  that  the  iniurius  wordis  scho  spak  was  of  na 
trewth  vnder  the  pain  of  x  merkis  monye.  Elspet  Boyne,  spowes  to 
George  Skadkaill,  vas  found  in  amerciament  for  the  vrangus  castyng  of 
ane  stain  at  George  Robertson,  smyth,  on  the  kyngis  /  g  /  he  get  of  this 
bru1.  on  Mununday  the  xvi  day  of  this  instant  moneth  and  giffing  the 
said  George  thairwith  on  the  arme  bla  and  bluid  and  thairfoir  to  content 
and  pay  for  the  damnege,  hurt  and  skayth  the  said  George  hes  sustenit 
throch  the  said  hurt  in  nocht  vynnyng  his  leiwyng  be  his  occupatioun 
sensyn  vi  s.  viii  d.  within  xv  days. 

July  2ist. — Alexander  Hardy,  flescher,  was  decernit  to  pay  to  Robert 
Cowk  in  Bruchsey  xxvi  s.  viij  d.  monye  within  xv  days  for  the  rest  of  the 
price  of  four  multoun  bowkis  coft  be  the  said  Alexander  fra  him. 

July  3Oth. — Alexander  Sinclair  in  Elgin,  sone  to  Sir  Alexander 
Sinclair,  chaplen,  was  decernit  to  pay  to  George  Skadkaill,  cordiner,  ane 
boll  sufficient  victuall  as  cationer  for  Alexander  Farchar  in  Glasgrein. 

September  3rd. — Jhone  Blindschein,  sumtyme  ane  of  the  freiris 
predicatouris  of  Elgin,  hes  constitut,  creatit  and  maid  William  Hardy, 
burges  of  Elgin,  his  lauchfull  indowtit  and  irrevocabill  powar,  mandiment 
and  chairge  to  persew  as  his  procuratour  all  personis  awand  to  him 
sowmes  of  mony  or  victuall  or  ony  vthir  guidis  mowabill. 

October  6th. — Head  Court. — The  jugis  hes  ordanit  twenty  schillyngis 
zeirly  annuell  to  be  vptakin  furth  of  the  ruid  of  land  sumtym  pertenying 


132  RECORDS  OF   ELGIN.  [l572- 

to  Sir  John  Gibson  and  now  to  Hector  Angus  lyand  upon  the  north  syd 
of  the  burgh  of  Elgin  to  be  payit  to  Sir  Thomas  Robertson,  chepland  of 
Sanct  Kathereinis  chaplenry  fundit  within  the  paroche  kirk  of  the  said 
burgh  and  to  his  successoris  cheplanis  thairof,  quhilkis  failzeing  to  the 
provest,  bailzeis,  cunsall  and  thesauraris  thairof  to  be  furthcumand  to  the 
vtility  and  profeit  of  the  commond  guid  of  the  said  burgh  as  donatoris 
of  the  said  chaplenry  with  vi  s.  viij  d.  to  the  thesaurer  thairof  and  his 
successouris. 

Crcatio  prepositi,  balliuorum,  clerici,  officiariorum  et  administratoris. 

The  said  day  Jhone  Annand  was  maid  provest  of  this  bru1.  Thomas 
Zoung,  Dauid  Thomsoun,  Alexr.  Guthery  and  Thomas  Robertson, 
bailzeis  of  the  said  bru1.  Sir  James  Jhoncstoun,  William  Hay,  clarkis. 
Thomas  Kair,  Charlis  Gray,  Androw  Kay,  Androw  Lang,  officiaris,  and 
Martein  Sinclair,  dempstar,  quha  mayd  thair  aithis  of  fidelity  for  leill 
and  trewe  administratioun  of  the  saidis  officessis  accordyng  to  thair 
elcctioun  for  the  space  of  ane  zeir  except  Sir  James  Jhonistoun  quha 
was  nocht  present  the  tym  of  the  creatioun. 

October  i6th. — Candilmakaris :  Mage  Warden,  Viddow  Guthery, 
Margaret  Laing,  Jennet  Kaberis,  Alexr.  Hardeis  vyf,  Mage  Anderson, 
Androw  Kayis  vyf. 

Baikstaris  of  breid  of  quhyt  and  maill :  Adam  Grant,  Robert  Mawer, 
Recherd  Robertson  and  Androw  Schand. 

Statuta. 

Item  that  the  plak  leiff  of  breid  of  quhyt  be  of  xx  vnce  vecht  of 
sufficient  bakkin  breid  and  the  twa  penny  leiff  thairof  be  of  x  vnce  vecht 
and  the  aitt  leiff  be  said  for  twa  pennies  vnder  the  pain  of  delyng. 

Item  that  the  stain  of  scheip  talloun  be  sauld  for  xiiij  s. 

Item  that  the  stain  of  nolt  tallown  be  sauld  for  xij  s. 

Item  that  [na]  persone  within  this  bru'.  pas  vttouth  the  samyn  with 
candill  nor  send  nane  vther  persone  or  personis  in  thair  namis  vnder  the 
pain  of  escheting  thairof  and  banesching  of  this  town. 

Item  nain  vther  personis  mak  candill  to  sell  excep  the  persons  befor 
expremit. 

Item  that  the  pect  of  guid  hors  coirn  be  sauld  for  x  d. 

Item  that  the  best  barkit  hyd  that  ony  freman  within  this  bru'.  sail 
bark  be  sauld  for  xxx  s. 


I572-]  BURGH   COURT   BOOK.  133 

Item  that  the  best  schoin  that  can  be  or  salbe  maid  within  this  bru'. 
conuenient  to  mennis  feit  be  sauld  for  thre  s.  and  to  wemennis  feit  or 
personis  of  sic  quantety  for  ij  s. 

Item  that  the  flescharis  bayth  to  bru1.  and  land  that  bringis  or  hes 
fleisch  to  sell  within  this  bru1.  to  haif  and  bring  the  hyd,  skyn  and  talloun 
thairof  with  the  samyn  to  be  sauld  into  the  merkat  and  that  na  flesch  be 
blawn  nor  spoulzeit. 

Item  that  the  haill  stallingeris  of  all  craftisincn  within  this  bru1.  be 
arrestit  nocht  to  work  in  thair  buthis  vpoun  the  foirget  of  this  bru1.  in  na 
tymis  cuming  quhill  thai  obtein  leceancc  of  the  provest  bailzes  and 
cunsall  of  this  bru1. 

Item  [it]  is  statut  that  giff  ony  persone  of  the  cunsall  being  warnit 
thairto  being  at  hame  and  absent  thairfra  for  ilk  tym  of  his  absens  to 
pay  viii  s. 

Item  it  is  statut  that  na  eit  kakis  be  bakin  to  be  sauld  vttovvth  ony 
man  or  womannis  hous  of  the  bru1. 

October  25th. — It  is  statut  that  na  freman  of  this  bru1.  that  salhappin 
to  bark  leddir  sail  sell  ony  to  na  persone  quhill  thai  mak  aduerteisment 
to  ane  of  the  bailzeis,  quhairbe  the  bellman  with  the  handbell  may  pas 
throch  this  bru1.  to  mak  varnyng  to  all  personis  bayth  fre  and  onfre 
thairanent  to  cum  and  resaue  thair  barkit  leddir  vpoun  the  pryce  conform 
to  the  statut  maid  and  that  nain  be  sauld  be  na  extranear  quhill  the 
townschip  be  seruit. 

It  is  statut  that  na  vnfreman  bark  no  oxin  nor  ky  hydis  within  this 
bru'.  nor  uttuth  the  samyn  within  this  schyr  quhill  thai  obtein  thair 
fredome  bot  only  fremen  of  this  bru'.  vnder  the  pain  of  eschetyng 
thairof  becaus  it  apertenis  to  no  onfreman  to  bark  and  that  nain  of  tham 
work  no  schoin  nor  buttis  to  na  persoun  within  this  bru'.  of  thair  awin 
leddir  within  thair  buthis  nor  vttuth  the  samyn  quhill  thai  sail  find 
souerity  to  keip  the  stattutis  maid  vnder  the  pain  of  fywe  libs. 

November  3rd. — Alexander  Vinsister,  minister,  vas  decernit  to  pay  to 
Master  Patric  Balfour,  master  of  the  grammer  scoill,  xxx  twa  s.  lent 
monye  within  xv  days. 

Jhone  Chalmer,  flescher,  vas  decernit  to  pay  to  Thomas  Hay,  chapman, 
xi  s.  mony  for  the  price  of  four  elnis  ane  quarter  and  half  quarter  linyng 
clcth. 

Jhone  Beig,  tailzour  in  Elgin,  was  decernit  to  pay  to  Walter  Innes, 


134 


RECORDS  OF   ELGIN. 


flescher,  ane  golden  ryall  allegit  worth  thre  libs,  ane  thretty  s.  pecce  with 
iij  s.  mony. 

Mr.  Patric  Balfour,  master  of  the  grammer  scuill  of  the  burgh  of 
Elgin  vas  decernit  to  pay  to  John  Anderson,  flescher,  xxvii  s.  monye  as 
souerty. 

November  24th.— Jhone  Annand,  provest  of  Elgin,  be  his  awin  propir 
confession  was  decernit  and  ordanit  to  content  and  pay  to  Thomas  Mill, 
burges  thair,  xx  ane  s.  vi  d.  monye  within  xv  days  as  souerty  and  cationar 
for  Isabel!  Crysteson,  lemman  to  Sir  William  Sotherland,  person  of  Moy. 

December  ist. — Anton  Williamsone  wes  decernit  to  pay  to  Andrew 
Welles,  chepman,  sevin  schillingis  sex  d.  for  the  pryce  of  fyve  quarters 
poledawy  canves. 

December  2Oth. — The  burrow  court  of  the  bru1.  haldin  within  the 
queir  of  the  paroche  kirk  thairof  be  Jhon  Annand,  provest,  Dauid 
Thomson,  bailze  of  the  samyn  the  xx  day  of  December. 

The  quhilk  day  Alex".  Guthcry,  ane  of  the  bailzcis  of  the  bru'.  of 
Elgin,  at  the  command  of  the  provest,  bailzeis,  consall  and  communitie, 
burgessis  of  the  said  bru1.,  gef  assignatioun  of  tua  auchten  partis  of  land 
lyand  within  the  greifschip  of  the  said  bru1.  quhilk  pertenit  to  Andrew 
Kingcorn,  burges  thair,  ane  part  thairof  lyand  within  Baldonis  hauch, 
Schanchory  hill,  Hruisland,  Stanideillis,  Bischopishauch,  etc.,  and  resignit 
be  the  said  Androw  in  the  said  Alex1'5,  handis  in  fauoris  of  Rechard 
Robertson,  his  airis  and  assignais  conform  to  the  ordour  and  statutis  of 
the  said  bru'.  be  clclyucrancc  of  ane  vand  as  vse  is  ressavit  furth  of  the 
handis  of  Thomas  Kar,  ane  of  the  officiaris  of  the  said  bru1.,  in  taikin  and 
vitnessing  that  the  saidis  tua  auchtcnpartis  of  land  sail  remain  with  the 
said  Rechard  his  airis  and  assignais  conform  to  the  ordour  and  statutis 
of  this  bru1.  obseruit  in  tymes  bypast  for  the  quhilkis  the  said  Rechard 
hcs  payt  instantlie  and  judiciallie  fourtie  schillingis  vsuall  mony  of  this 
realm  to  Jhone  Annand,  provest,  for  the  entres  silwer  of  the  saidis  tua 
auchten  partis  of  land  ad  utilitatem  reipublice. 

Christen  Dunbrek,  the  relict  of  vmq".  Alexr.  Williamsone,  burges  of 
Elgin,  wes  decernit  to  delyuer  to  Jhone  Williamson,  burges  of  Elgin,  hir 
sone  the  airschip  guidis  eftir  following  as  air  to  his  said  vmq11.  fader 
quhilk  the  said  vmq11.  Alexander  hed  in  his  possessioun  the  tyme  of  his 
deceis  and  intrometit  with  be  the  said  Christen  to  wit  ane  pleuch  and 
plew  irnis,  the  best  slingit(?)  zok,  ane  kart,  ane  muksled,  ane  varstay,  ane 


1 572-3-]  BURGH  COURT  BOOK.  135 

almrie,  ane  metbuird  with  the  treslis  and  furmis  thairof,  ane  cheir,  ane 
standend  bed,  ane  greit  kist,  ane  creuk  and  ane  mask  fat  within  xv  days. 

The  jugis  decernit  Valter  Hay,  goldsmyth,  burges  of  Elgin,  being 
oftymes  callit  and  nocht  comperand  to  pay  to  Jhone  Lyntoun  sevin 
schillingis  four  penneis  for  the  rest  of  the  pryce  of  tua  lynkis  of  gold 
sauld  be  the  said  Jhone  to  the  said  Valter. 

George  Gray,  maltman,  wes  decernit  to  pay  to  Andrew  Rag  thre 
firlottis  beir  with  his  awin  firlot  with  thre  dischfullis  of  malt  grund  or 
ongrund  and  the  said  George  becom  actit  for  his  wyff  Janet  Ingram  that 
scho  sail  in  all  tymcs  cuming  abstein  fra  iniuring  of  Issabell  Smyth, 
spous  to  the  said  Androw,  in  calling  her  vitche,  kairling,  pyker,  sprodach, 
thcif  or  ony  uthir  kynd  of  iniurius  wordis  vnder  the  pane  of  fyve  libs, 
money  to  be  payt  ad  utilitatem  reipublice  and  siclyk  Androw  Rag  becom 
actit  for  his  said  spous  that  scho  in  na  tyme  cuming  sail  iniure  the  said 
George  Gray  in  calling  him  steller  of  schcip  or  ony  vther  maner  of 
iuiurius  wordis. 


<572-3- 

January  I2th. — The  quhilk  day  Alexander  Thomsonc,  sone  and 
apperand  air  to  Dauid  Thomson,  burges  of  Elgin,  was  maid  burges  and 
freman  of  the  said  bru1.  be  the  consent  and  advyse  of  the  provest,  bailzeis, 
cunsall  and  community,  burgessis  of  the  said  bru1.  quha  maid  his  ayth  of 
fidelyte  as  vse  is  of  burgessis  to  mak  thair  aythis  in  tym  of  thair 
admissioun  of  burgessis  and  payt  thairfoir  fywe  s.  to  Jhone  Annand, 
provest,  to  be  giffin  to  the  suddartis  to  by  fyr  to  thair  gardhows. 

January  25th. — Ane  blak  quhyt  hornit  cow  of  four  zeiris  auld  with 
her  calf  blak  hummillit  was  sauld  in  Quhytwra  for  sevin  markis. 

January  26th. — Jannet  Oudny,  induellar  in  Elgin,  wes  decernit  to 
delyuer  to  Thomas  Colly,  maissoun  thair,  ane  stain  aix  pertenying  to 
him  quhilk  scho  ressavit  fra  him  in  plege  of  fyftein  penneis  monie  for 
breid  and  aill  providing  the  said  Thomas  pay  her  that  same  on  the 
ressaving  of  the  said  aix. 

Mage  Pakman,  spous  to  Henre  Froster,  wes  decernit  to  pay  to 
Issabell  Kemp,  servand,  aucht  s.  monie  thre  quarteris  harn  cleith  and 
half  eln  of  lynning  cleith,  ane  pair  mendit  schone  and  oldren  sark  for  his 


136  RECORDS  OF  ELGIN.  [l572-3- 

fie  and  buntays  in  seruice  making  to  the  saidis  Henrie  and  Mage  betuix 
the  feistis  of  Vitsonday  and  Martimes  last  bypast. 

Thomas  Gaw,  cordinar,  was  decernit  to  pay  to  George  Scadkaill, 
cordinar,  sax  schillingis  aucht  penneis  quhilk  the  said  George  payt  for 
him  to  William  Hardcis  wyff  for  playing  aill  quhilk  he  tint  at  the  bylis 
this  instant  zeir. 

February  gth. —  Issobell  Kemp,  now  seruand  to  Jhone  Vmfra,  zounger, 
was  decernit  and  ordanit  to  pay  to  Henry  Froster,  cordiner  in  Elgin, 
xviij  d.  monye  for  the  remanyng  fra  hir  servante  makyng  to  him  fywe 
oulkis  betuix  Vitsounday  and  Mertimes  last  bypast. 

February  i6th. — -Andrew  Brodyc  in  Kirktoun  of  Duffous  and  Andrew 
Hay  in  Cowcsey  becom  actit  and  submittit  tham  to  the  jurisdiction  of 
the  provest  and  bailzeis  to  pay  x  s.  monye  to  be  furthcumand  to  the 
commond  weill  of  the  burgh  for  the  howsing  of  quhyt  fisches  in  tymis 
bypast  and  nocht  presenting  the  samyn  to  bein  sauld  in  the  commond 
fischc  mercat  and  alsua  in  caice  thai  or  ony  ane  of  tham  do  the  samyn  in 
lyk  manor  in  tymes  cuming  the  haill  fysche  that  sail  pertein  to  tham  for 
the  tym  and  quhow  oft  thai  do  the  samyn  to  be  eschet  and  confiscat  to 
the  said  commond  wcill. 

February  23rd. — Walter  Hay,  goldsmith,  was  ordanit  to  delyuer  to 
Thomas  Robertson  ane  siluir  spoin  of  James  Ogilweis  of  Blaracheis 
contenand  ane  vnce  and  half  quarter  vnce  wecht  sufficiently  maid  or  ellis 
of  the  vccht  of  the  rest  of  the  said  James  spunis  within  xv  days  and  the 
said  Thomas  ordanit  to  delyuer  to  the  said  Valtir  thre  pundis  vecht  of 
grein  zairn  within  xv  days  the  said  Walter  payand  for  the  littyng  thairof 
to  the  said  Thomas. 

March  2nd. — Thomas  Smyth,  merchand,  was  decernit  to  delyuer  and 
pay  to  Jhone  Jameson,  seruand,  xij  s.  monye,  twa  pairs  new  schoin,  ane 
pair  new  schoirt  hois  of  quhyt  cleth,  ane  pair  auld  brekis,  ane  auld 
castyng  coit  and  ane  eldren  sark  of  the  said  Thomas  for  the  said  Jhonis 
fee  and  buntais  in  makyng  seruice  to  the  said  Thomas  betuix  Vitsonday 
and  Mertimes  last  bypast. 

Alexr.  Hardy,  fleschar,  was  decernit  to  pay  to  Criste  Sanderis  in 
Scherestoun  for  the  pryce  of  ane  zew  xij  s.  vj  d. 

March  Qth. — William  Mawer  becom  actit  to  pay  to  Sir  James  Terras, 
chaplen,  thre  bollis  malt. 

Thomas  Annand,  son  to  vmquhill  Sir  Jhone  Annand,  chaplen,  was 


1 572-3.]  BURGH  COURT  BOOK.  137 

decernit  to  pay  to  Hellen  Mill  ane  sufficient  croune  of  the  sone  quhilk 
Master  Valter  Gordoun  hir  sone  send  with  him  to  gift"  to  hir  twa  zeiris 
bypast. 

1573- 

March  3Oth. — Head  Court. — William  Malcom  was  seruit  air  to  his 
vmquhill  fader  in  ane  ruid  of  land  on  the  north  syd  of  the  bru1. 
extendyng  fra  the  kyngis  he  get  of  the  said  bru1.  at  the  sowth  part  to 
the  deid  dreych  at  the  north  part. 

Andrew  Vallas,  merchand,  becom  actit  to  pay  to  William  Mossct, 
leche,  xvi  s.  monye  for  the  heleing  of  Alexander  Scherar  quhilk  he  hurt 
and  the  said  William  actit  to  releiff  the  said  Androvv  at  the  handis  of 
William  Ferguson,  leche,  of  ony  payment  making  to  the  said  William 
Ferguson  for  ony  cuir  he  did  to  heill  the  said  Alexander  of  the  said  hurt. 

April  1 3th. — Blais  Alues  was  ordanit  to  pay  to  Archibald  Annand, 
burges,  ane  boll  victuall  for  supporting  him  in  giffing  meit  to  Sir  Thomas 
Robertson,  chaplen,  sen  the  xxv  day  of  July  in  the  zcir  of  God  1571 
zeiris  quhill  the  said  xxv  day  of  the  said  moneth  that  nixt  cumis. 

May  4th. — Feing  of  the  Pnndar.  The  bailzeis  with  consent  of  the 
haill  nebouris  of  this  bru1.  hes  feit  William  .  pundar  within  this  bru'. 
for  keiping  of  the  coirnis  of  this  burgh  for  this  present  crop  quhill  the 
samyn  be  schoirin  and  led  of  the  feildis  thairof  and  that  for  payment  to 
him  of  xxi  s.  iiij  d.  fie  and  his  meit  as  uthcris  pundaris  gat  in  all  tymis 
bypast  and  quha  giffis  nocht  his  meit  to  him  as  vse  is  to  pay  xij  d.  for  ilk 
days  meit  he  salhappin  to  want  and  ane  plak  for  ilk  heid  of  nolt  or  hors 
salhappin  be  tain  upon  the  coirnis  and  ane  penny  for  ilk  heid  of  scheip. 
Ilk  onfreman  to  pay  iiij  d.  for  the  pundaris  meit. 

May  1 8th. — Valter  Hay,  goldsmyth,  was  decernit  to  pay  to  Jhone 
Chalmer,  flescher,  ten  s.  mony  for  beiff  and  multoun. 

George  Skadkaill  was  decernit  to  pay  to  William  Mosset,  leche,  xx  s. 
monye  as  souerty  for  Villiam  Thomson  in  Straythylay. 

July  6th. — Christen  Dunbrek,  the  relict  of  vmquhill  Alexander 
Williamson,  vas  decernit  to  pay  to  Johne  Donaldson  ane  boll  victuall 
for  supporting  the  said  John  in  giffin  meit  to  Sir  Thomas  Robertson, 
chaplen,  sen  the  xxv  day  of  July,  1571  yeiris,  quhill  the  xxv  of  this 
instant  moneth. 

T 


I38  RECORDS  OF  ELGIN.  [l573- 

The  burrow  court  of  the  bru1.  of  Elgin  haldin  within  the  queir  of  the 
paroche  kirk  of  the  samyn  be  Thomas  Zoung,  Alex'.  Guthery  and 
Thomas  Robertson,  bailzeis  of  the  said  bru'.,  the  xx  day  of  July  the  zeir 
of  God  1573  zeiris  the  suittis  callit,  the  court  fensit  and  lauchfullly 

effirmit. 

Nomina  inquisitionis :  Mr.  Alexr.  Dowglas,  William  Gaderar,  Alexr. 
Dowglas,  Jhone  Rutherfuird,  Thomas  Vmfra,  Recherd  Robertson,  Jhone 
Cuming,  Jhone  Grant,  James  Pringill,  William  Zoung,  Robert  Mawer, 
Dauid  Vat,  Dauid  Torry,  William  Hardy,  burgessis  of  the  bru1.  of  Elgin, 
and  James  Gardin,  indweller  thair. 

COMES  HUNTLY. — The  quhilk  day  comperit  ane  nobill  and  mychty 
loird,  George,  Erie  of  Huntly,  and  presentit  ane  breiffe  of  our  souerane 
lord  the  kingis  grace  chappell  purchcst  at  his  instance  for  serving  of  him 
as  neirest  and  lauchfull  air  to  vmquhill  George,  Erie  of  Huntly,  his 
fader  of  all  and  haill  the  lands  and  annuell   rents  with  the  pertinents 
quhilk  his  said  vmquhill  fader  decessit  at  our  souerane  loird  the  kingis 
grace  fayth  and  pace  within  the  said  burgh  cleirly  execut  and  indorsit 
be  Charles  Gray,  officiar,  at  the  command  of  Alexr.  Guthery,  ane  of  the 
bailzeis  of  the  said  bru'.,  quhilkis  being  red  judicially  and  na  oppositioun 
maid  in  the  contrair  be  na  person  nor  personis   .   .  .    the  said  nobill  loird 
dcsyrit  act  of  court  and  instrument  thairupoun    .  .  .  quhilk  petition  and 
precept  being  red  and  oppin  proclamatioun  being  maid  at  the  queir  duir 
of  the  paroche  kirk  of  the  said  bru1.  being  the  tolbw1.  of  the  samyn  for 
the  tym  in  defalt  of  ane  sufficient  tolbw'.  and  na  oppositioun  maid  in  the 
contrair    .    .    .    quhilkis  being  red  and  publisit  as  befor  exprimit  the 
personis  of  inqueist  remowit  furth  of  court  Thay  being  ryply  and  matury 
consultit  and  advysit  vpoun  the  pointis  of  the  said  breiff  and  proclama- 
tioun and  indorsatioun  of  the  samyn  and  contentis  of  the  said  petitioun 
togiddir  with  the  sasyngis  and  euidentis  of  the  said  vmquhill  George, 
erle  of  Huntly  and  dame  Elizet.  Keyth  his  vmquhill  fader  and  moderis 
euidentis  togidder  with  ane  decreit  befoir  the  loirdis  of  cunsall  quhair 
the  proces  of  forfaltour  led  and  procedit  aganis  his  said  vmquhill  fader 
was  reducit  and  als  vpoun  ane  instrument  of  sesyng  quhair  he  was  seruit 
as  nerest  and  lauchfull  air  to  his  said  vmquhill  fader  of  the  half  of  ane 
ackir  of  land  of  Culsauertlye  callit  the  Courthill  as  principall  mans  of 
the  landis  of  Culsauertlye  at  our  souerane  lord  the  kyngis  grace  derast 
moderis  fayth  and  pace     Thay  haiff  God  and  guid  consciens  befoir  thair 


1 573-]  BURGH  COURT  BOOK.  139 

eeis  Thay  reterit  judicially  in  presens  of  the  jugis  aboin  wrettin  and 
thair  be  the  mouth  of  Mr.  Alexr.  Dowglas,  chancellar,  nominat  and 
admittit  be  all  the  personis  of  the  inquest  and  movit  and  fand  that  the 
said  vmquhill  George,  erle  of  Huntly,  fader  to  George  now  erle  of 
Huntly  decessit  the  xxviij  day  of  the  moneth  of  October  or  thairby  in 
the  zeir  of  God  IM.  Vc.  threscoir  and  twa  zeiris  at  our  souerane  loird  the 
kyngis  grace  deirest  moderis  fayth  and  pace  and  that  the  said  nobill  and 
potent  loird  now  George,  erle  of  Huntly,  is  nerest  and  lauchfull  air  to  his 
said  vmquhill  fader  in  and  to  all  and  haill  ane  tenement  of  land  mans 
and  dwellyng  place  within  the  said  bru'.  with  howsis,  biggyngis,  zairdis, 
toftis,  croftis  and  vtheris  thair  pertinentis  quhatsumeuir  lyand  vpoun  the 
north  syd  of  the  said  bru'.  betuix  the  landis  of  vmquhill  Robert  Innes 
burges  of  the  said  bru'.  at  the  eist  part  and  the  landis  of  Sanct  Ninian 
fundit  within  the  cathedrall  kirk  of  Murray  than  possedit  and  occupeit 
be  vmquhill  Cudbert  Cuming  at  the  vest  part  with  the  zaird  of  the 
samyn  fra  the  commond  he  get  quhilk  passis  fra  the  said  bru'.  to  the 
kathedrall  kirk  foirsaid  at  the  south  part  distcndand  fra  the  dwelling 
place  tharof  extending  in  breid  fra  the  zaird  and  landis  of  ane  nobill 
Ladie  Dame  Eliz'.  Dowglas,  dochter  to  vmquhill  hon11.  man  Dauid 
Dowglas  of  Pettindreych  at  the  est  part  vnto  the  landis  of  vmquhill 
Jhone  Cowe,  burges  of  the  said  bru'.  at  the  vest  part  and  in  lenth  fra  the 
landis  of  vmquhill  William  Innes  Dauid  Hardy  Jhon  Barbor  and  Cudbert 
Cuming  at  the  south  part  vnto  Harveishauch  at  the  north  part  and  that 
the  saidis  landis  with  thair  pertinentis  ar  now  worth  be  zeir  the  sowm  of 
twelf  puhdis  vsuall  monye  of  the  realme  of  Scotland  and  war  worth  the 
tym  of  pace  the  sowm  of  thre  pundis  monye  foirsaid  and  that  the  saidis 
landis  with  the  pertinentis  lyand  and  bundit  as  said  is  ar  haldin  of  our 
souerane  lord  the  kyngis  grace  be  service  of  fre  burgage  and  that  the 
saidis  landis  with  the  pertinentis  bundit  and  lyand  as  befoir  exprimit  ar 
and  has  bein  in  our  souerane  lord  the  kyngis  grace  handis  sen  the  deceis 
of  ane  nobill  Ladye  Dame  Elizet.  Keyth,  Cuntes  of  Huntly,  conjunct 
fear  of  the  saidis  landis  quha  decessit  in  the  moneth  of  .  the  zeir  of 
God  IM.  Vc.  threscoir  and  aucht  zeiris  in  default  of  the  just  persuit  and 
tytill  to  the  saidis  landis,  mans,  lugyngis,  howsis,  orchardis,  toftis,  croftis, 
pertinentis  and  pendiculis  thairof  bundit  and  lyand  as  saidis  Quhilk 
Mr.  Alexr.  Dowglas,  chancellar,  protestit  that  the  retour  of  the  said 
service  be  nocht  extractit  furth  of  the  court  bukkis  of  this  bru'.  quhill 


I40  RECORDS  OF  ELGIN.  [l573- 

the  said  instrument  of  sesyng  of  Culsairetly  be  interit  in  to  the  burrow 
court  bukkis  of  this  bru'.  and  the  decreit  of  the  reductioun  of  the  proces 
of  forfaultry  foirsaid  be  siclyk  interit  thairinto  for  the  varrandice  of  thair 
seruice  foirsaid  quhilkis  the  jugis  decernit  and  ordanit  to  be  doin  with 
the  awyse  and  consent  of  the  said  nobill  and  potent  loird  and  alsua  the 
said  Mr.  Alexander,  chancellar,  for  himself  and  the  remanent  personis  of 
the  inquest  tuk  act  of  court  and  instrument  that  na  persone  nor  parteis 
comperit  this  day  to  oppoun  or  gainsay  the  pointis  of  the  breiff  indorsa- 
tioun  proclamatione  thairof  the  personis  of  the  inquest  suorn  and 
admittit  no  pointis  of  the  petitioun  nor  na  part  of  the  euidentis  producit 
be  the  said  nobill  and  potent  loird  this  instant  day  for  stoppyng  of  the 
said  seruice  of  the  quhilk  instrument  and  decreit  of  reductioun  of  the 
process  of  forfaltory  the  tenor  efter  followis  sequitur  tenor  instrumenti 
In  Dei  nomine  Amen  .  .  .*  The  tenour  of  the  decreit  of  reduction  of 
forfaltour  eftcr  follows  :  At  Edinbru'.  the  xxiiij  day  of  Janur  the  zeir  of 
God  atie  thousand  fyve  hundreth  threscoir  sevin  zeiris  the  Lords  of 
Counsall  vnder  vrettin  that  is  to  say  anc  nobill  and  mychty  lord  James, 
Erie  of  Mortoun,  Lord  Dalkeyth  etc.  chancellor  Reuerend  fatheris  in 
God,  Alexander,  bischop  of  Galloway,  Adame,  bischop  off  Orkney,  Schir 
James  Balfour  of  Pettindrecht,  knycht,  commendatour  of  Pettinveme, 
maister  William  Bailze,  Lord  Provand,  Maister  Alexander  Dunbar,  dene 
of  Murray,  Maister  Robert  Maitland,  dene  of  Aberdene,  Maister  Jhone 
Vod,  Maister  James  McGill  of  Rankelour,  under  dark  of  regester,  Scher 
Jhone  Ballendcn  of  Auchnoull,  Justice  Clark,  and  Rychart  Maitland  off 
Lethingtoun,  knychtis,  Maister  Jhone  Spens  of  Condie,  aduocat  to  our 
souerane  lord,  Maister  Henre  Balnavis  of  Halhill,  Maister  Jhone  Gled- 
stanis,  Licentiat  in  the  lawis  Anent  the  summondis  raisit  at  the  instance 
of  George,  erle  of  Huntlie,  for  himself  and  as  sone  and  air  at  the  leist 
apperand  air  to  wmquhill  George,  erle  of  Huntlie,  his  father  Quhilkis 
wer  infeft  in  the  offices  keiping  of  the  castell  and  tenement  of  land 
respective  efter  specifeit  befoir  the  making  of  the  infeftment  efter 

'The  deed  is  of  date  I3th  April,  1568,  and  bears  that  George,  Earl  of  Huntly,  presented 
before  the  notary  public  a  breve  of  the  King's  chapel,  setting  forth  that  George,  Earl  of  Huntly, 
father  of  George,  now  Earl  of  Huntly,  died  last  vest  and  seised  in  half  an  acre  of  the  lands  of 
Culsaitetlie,  called  Court  Hill,  as  principal  messuage  of  the  lands  of  Culsairetlie,  and  in  the 
superiority  of  the  said  lands  of  Culsairetlie,  and  in  the  forest  of  Boyne,  and  the  lands  and 
lordship  of  Enzie,  and  that  the  said  George,  Earl  of  Hunlly,  bearer  of  these  presents,  is  nearest 
heir  to  George,  Earl  of  Huntly,  his  father,  in  said  lands,  and  that  he  is  of  lawful  age.  The 
King  therefore  commands  sasine  of  said  lands  to  be  given  to  the  said  George,  Earl  of  Huntly. 


I573-]  BURGH   COURT   BOOK.  141 

mentionat  Ouhair  throw  the  said  George,  erle  of  Huntlie,  hes  guid 
actioun  for  himselff  and  for  his  interes  as  sone  and  air  at  the  leist 
apperand  air  foirsaid  respective  To  reduce  the  infeftmentis  efter 
specifeit  aganis  ane  noble  and  potent  prince  James,  erle  of  Murray, 
Lord  Abernethie,  regent  of  this  realme,  and  all  vtheris  havand  or 
pretendand  to  haif  interes  in  the  mater  efter  specifeit  Tuiching  the 
productioun  befoir  the  lordis  of  counsall  of  the  pretendit  infeftment 
maid  and  gevin  be  our  souerane  lordis  darrest  moder  to  the  said  James, 
erle  of  Murray,  her  brother  and  the  airis  specifeit  thairintill  heretable  of 
all  and  heill  the  serefschip  of  the  serefdome  of  Innernes  and  keiping  of 
the  castell  thairof  Togidder  with  the  landis  vnder  wrettin  gevin  and 
assignit  and  in  the  chaker  rollis  zeirlie  allouit  for  the  fie  and  keiping  of 
the  said  castell  viz.  the  landis  of  Litillhiltoun,  Pottcrland,  Meikle  Hiltoun, 
Casteltoun  of  Leifair,  Culdovienit,  Knockingill,  Corbrek,  Bellicoveritt, 
Essie,  Cordortituid,  Barrathine,  Drumdalzak,  Bochtobuie,  Dunnavarrie, 
Dunnamcmoir,  Dancartache,  Dangin,  Dauchtoune,  Dauchtarny,  Dauch- 
lerig,  with  the  fishing  vnder  the  vail  of  the  said  castell  pertenying  thairto 
with  all  thair  pertinentis  lyand  within  the  serefdome  of  Innernes  as 
sumtyme  pertening  to  the  said  George,  erle  of  Huntlie,  in  heretage  and 
as  pertenyng  and  becum  in  to  cure  said  souerane  Lordis  darrest  moder 
the  tyme  of  the  making  of  the  said  pretendit  infeftment  be  ressone  of 
ane  pretendit  proces  and  dome  of  forfaltour  led  and  deducit  aganis  the 
said  George,  erle  of  Huntlie,  as  at  mair  lentht  is  contenit  in  the  said 
pretendit  infeftment  of  the  dait  the  vij  day  of  May  the  zeir  of  God 
IM.VC.  Ixiij  zeiris  with  the  sasing  following  thairvpoun  [with  an  infeftment 
of  date  22nd  January,  1563,  made  by  the  king's  mother  to  James,  Earl 
of  Murray,  her  brother,  and  his  heirs,  of  the  said  office  of  sheriffship  and 
keeping  of  the  said  castle  with  said  lands  and  fishings,  also  an  infeftment 
charter  and  precept  of  seasing  given  by  the  king's  mother  to  James,  Earl 
of  Murray,  his  heirs  and  assignees,  of  a  dwelling  place  and  tenement  of 
land  in  Elgin,  "  vpoun  the  northt  syd  of  the  commond  passage  thairof 
betuix  the  landis  of  vmquhill  Robert  Innes  and  Elizabeth  Dowglas, 
Lady  Pettindreych  respectiue  vpoun  the  est,  the  landis  of  wmquhill 
Rechart  Cvmyng  and  wmquhill  Jhone  Cove  respectiue  on  the  vest  and 
commond  streit  that  passis  to  the  cathedral!  kirk  off  the  said  burght 
vpoun  the  southt  and  the  landis  callit  Harweyshaucht  vpoun  the  northt 
partis"  in  the  queen's  hands  by  reason  of  forfeiture.  George,  Earl  of 


I42  RECORDS  OF  ELGIN.  [l573- 

Huntly,  compears  by  Alexander  Sym  his  procurator  and  James,  Earl  of 
Murray,  being  personally  present  with  his  procurator  Mr.  Robert  Strang, 
the  Lords  of  Council  with  consent  of  James,  Earl  of  Murray,  rescind 
and  annul  the  foresaid  haill  infeftments,  charters  etc.  and  decern  the  same 
to  have  been  from  the  beginning  and  to  be  in  all  time  coming  of  no  avail, 
force  nor  effect.  The  aforesaid  lands  "  war  adiugit  to  pertene  to  our  said 
soueranes  darrest  moder  be  ane  pretendit  dome  and  proces  of  forfaltour 
led  aganis  the  said  wmq11.  George,  erle  of  Huntle,  his  memorie  and 
posterite  in  the  parliament  haldin  at  Edinburgh  the  tuenty  aucht  day  of 
May  the  zeir  of  God  1563  zeiris  for  certan  allegeit  crymes  of  trassoun 
and  lesemaiestie  committit  aganis  our  said  soueranis  darrest  moder 
decerning  him  to  haif  incurrit  the  said  crymes  and  thairfor  to  haif  foir- 
faltit  his  haill  landis  and  heretages."] 

July  27th.— Jhone  Chalmer,  flescher,  was  decernit  to  pay  and  als 
delyuer  to  Jennet  Cuming,  spous  to  Jhon  Annand,  provest  of  Elgin, 
xviij  s.  mony  for  the  rest  of  the  price  of  thre  elnis  of  milk  and  vatter 
cleth  sauld  be  hir  to  him. 

July  30th.— Gilbert  Recherdson  becom  actit  to  pay  and  delyuer  to 
James  Innes  ten  bollis  sufficient  beir  with  the  charty  and  fodder  of  the 
samyn. 

August  ist. — Jhone  Anderson,  flescher,  becom  actit  to  pay  to  Alexr. 
Dowglas  aucht  bollis  beir  with  the  cheraty  and  fodder  quhilkis  failzeing 
to  pay  to  the  said  Sir  Alexr.  four  merkis  for  the  pryce  of  ilk  boll. 

Actum  extra  judicium  in  presentia  Johannis  Annand  prepositi  burgi 
de  Elgin  et  testium  subscriptorum  viz.  Alexandra  Vinsister,  ministro  de 
Elgin  ct  Thoma  Hay,  burgensi  ibidem  vigesimo  octavo  mensis  August! 
anno  domini  millcsimo  quingentesimo  septuagesimo  tertio. 

The  quhilk  day  William  Petirkin,  vicar  of  Duple,  renunciand  his  awin 
jurisdictioun  and  privilege  and  submittand  him  to  the  jurisdictioun  of  the 
provest  and  bailzeis  of  the  bru1.  foirsaid  in  the  caice  eftir  following  of  his 
awin  fre  moteif  will  becom  actit  to  content  and  pay  to  Jhone  Robertsone, 
sone  to  vmquhill  Jhone  Robertsone,  sumtyme  burges  of  Elgin,  the  sowm 
of  fyfty  sax  schillingis  vsuall  mony  of  this  realm  with  four  foullis  betuix 
the  dait  heirof  and  the  nativity  of  our  Lord  callit  Zoull  day  nixt  and 
immediatlie  following  the  dait  heirof  and  that  for  the  maill  and  dewity 
of  the  hous  and  deid  drych  quhilk  wes  occupeit  be  Andrew  Ingland 
and  .  Petirkin  his  spous  of  the  termes  of  Vitsonday  and  Martimes  of 


1 573-]  BURGH  COURT  BOOK.  143 

the  zeir  of  God  IM-  Vc-  Ixxi  and  threscoir  tuclf  zeiris  quhilk  hous  and 
deid  dreich  vmquhill  Bochan,  tailzour,  laborit  and  duellit  into. 

September  3rd. — Valter  Innes,  flescher,  indwellar  within  the  college 
of  the  cathedrall  kirk  of  Murray  renunciand  his  awin  jurisdictioun  and 
previlge  and  submittand  him  to  the  jurisdictioun  and  previlege  of  the 
provest  and  bailzeis  of  the  bru1.  of  Elgin,  etc. 

October  5th — Head  Court. — Jhone  Annand  vas  creatit  provest  for  ane 
zeir  as  vse  is.  That  ilk  day  Villiam  Hay,  Villiam  Dowglas,  vicar  of  Elgin 
and  redar  thair,  James  Thomson,  minister  of  Birnay,  vas  creatit  scrybis. 
Villiam  Hay  vas  present  and  maid  his  ayth  as  saidis.  Martcin  Sinclair 
was  creat  dempster  quha  rnaid  his  ayth. 

Villiam  Ferguson,  leche  in  Elgin,  be  his  avin  propir  confession 
was  decernit  to  pay  to  Robert  Schankis  in  Rothes  xx  s.  mony  for  the 
pryce  of  certane  wollin  cleth  quhilk  the  said  Wni.  maid  galloun  hose 
thairof. 

Valter  Hay,  goldinsmyth,  burges  of  Elgin,  be  his  awin  propir  con- 
fessioun  was  decernit  to  pay  to  Master  Henry  Thorntoun  scruand  to  the 
chantour  of  Murray  xl  s.  mony  within  xv  days  as  procuratour  for  Mr. 
Jhone  Thorntoun,  persone  of  Advy,  for  the  said  Valteris  hows  maill  had 
in  tak  of  the  said  Mr.  John. 

October  I3th. — James  Chalmer  in  Garmach  becom  actit  to  delyuer  to 
Alexr.  Guthery  twa  barrallis  salmon  fische  quhilkis  failzeand  to  pay  for 
the  pryce  thairof  tuenty  libs,  vsuall  mony. 

October  isth. — The  quhilk  day  the  provest,  bailzeis,  counsall  and  maist 
part  of  the  burgessis  of  the  bru'.  hes  consentit  that  Thomas  Zowng,  ane 
of  the  bailzeis  of  the  bru'.,  gyff  assignatioun  of  ane  auchtcn  part  of  land 
pertenying  to  Rechard  Robertson  lyand  within  the  fcildis  of  Ouir  Halchis, 
Thortourfeild,  Heych  Mering  betuix  the  gettis  quhilkis  passis  betuix  the 
Callow  Hill  and  Palmerfuird  at  the  north  and  south  partis  and  the  get 
that  passis  fra  the  said  burgh  to  the  landis  of  Main  and  Greschip  of  Elgin 
to  James  Pringill,  burges. 

Jhone  Brabaner  was  creatit  dempster  of  the  bru'. 

November  2nd. — Jhone  Smith  was  decernit  to  pay  to  Wm.  Stewin  ane 
boll  sufficient  victuall  with  the  fodder  and  caff  thairof. 

November  4th. — Hector  Angus  becom  actit  to  pay  to  Thomas  Gait 
ten  pundis  as  souerty  for  Robert  Duncan  in  Garmach  for  the  pryce  of  ane 
barrall  of  salmon  fische. 


144  RECORDS  OF   ELGIN.  [l573'4- 

December  I4th.— William  Aldcorn  was  decernit  to  pay  to  Thomas  Air 
xvij  s.  iiij  d.  monye  twa  castyng  coittis,  twa  pairis  castyng  hois,  four 
castyng  sarkis  and  ane  pair  new  schoin  for  the  said  Thomas  fee  and 
buntais  in  seruing  the  said  William  ane  zeir  bypast. 

1573-4- 

February  8th.— James  Gardin  wes  decernit  to  pay  to  Andrew  Cowe, 
skalbert  makar,  tuelff  schillingis  mony  for  the  hyr  of  tua  hors  furth  of 
this  bru'.  to  Strethspey  in  carieing  of  wictuall  fra  Allestar  Macneill  thair 
to  the  said  James  hous  and  als  fyve  schillingis  for  graithing  of  ane  tua 
handit  sword  pertcnand  to  the  barroun  of  the  bait  of  Spey,  item  aucht 
schillingis  mony  for  the  hyr  of  tua  hors  tua  tymes  to  Spey,  ane  for  salt 
and  ane  vther  tyme  for  skaillis  of  scalbertis,  item  sax  schillingis  for  tuelf 
heukis  tie  in  harvest,  item  for  dichting  of  ane  tuahandit  sword  pertenand 
to  the  said  James  and  binding  of  the  weve  thairof  tua  schillingis. 

Katherein  Straquhin,  the  relict  of  vmquhill  Archebald  Gaderar,  sum- 
tyme  burges  of  Elgin,  wes  decernit  to  pay  to  James  Pringill  ane  boll 
victuall  for  supporting  the  said  James  in  giving  meit  to  Sir  Thomas 
Robertson,  chcplan,  fra  the  xxv  day  of  July  in  threscoir  allevin  zeiris  to 
the  xxv  day  of  July  nixtocum. 

William  Ferguson,  leitche  in  Elgin,  wes  decernit  to  pay  to  Rechard 
Robertsone  fyfty  seven  s.  sax  d.  mony  for  the  rest  of  Inglis  ping  (?)  cleith 
rcssauit  be  him  to  the  Shereff  of  Murrayis  wyff. 

March  ist.  — Catherein  Ros  the  relict  of  umquhill  John  Thomsone  is 
decernit  to  pay  to  William  Zoung  ane  boll  victuall  conform  to  hir  rait 
for  supporting  the  said  William  in  giving  mait  to  Sir  Thomas  Robertsone, 
cheplane,  fra  the  xxv  day  of  July  1572  to  the  xxv  day  of  July  nixt  tocum. 
James  Wat  and  Blais  Alues  war  decernit  to  pay  to  Archibald  Annand 
ane  bol  victuall  for  supporting  the  said  Archibald  in  giffiing  mait  to  Sir 
Thomas  Robertsone,  cheplane,  sen  the  xxv  day  of  July  in  Ix  tuelff  zeiris 
to  the  xxv  day  of  July  nixt  to  cum. 

March  yth. — Andrew  Cowe  was  decernit  to  pay  to  Johne  Woid, 
salbet  maker  iij  s.  as  souertie  for  Margaret  Murdoch  his  guid  dochter  for 
heling  of  hir  leg. 

March  22nd. — William  Jamesone,  tailzour,  becom  actit  to  pay  to 
William  Rechardsone,  merchand,  fourty  s.  betuix  the  dait  heirof  and 
Skirfurisday  nixtocum. 


1 574-]  BURGH  COURT  BOOK.  145 


I574-. 

April  I4th. — The  quhilk  day  Thomas  Mill,  burges  of  Elgin,  becom 
actit  souerty  for  Alexr.  Peterkin  in  Vnthank  that  he  sail  abstein  fra 
carreing  of  ony  fische  fra  the  seis  betuyx  Spey  and  Findorn  in  all  tymes 
cuming  to  the  said  bru'.  vnder  the  pain  of  fywe  libs,  monye  to  be  payit 
ad  vtilitatem  reipublice. 

May  24th. — Comperit  Siris  Villiam  Clark,  vicar  of  Doffous,  and  Alexr. 
Sinclair  of  Eddinkeize  and  producit  our  souerane  lord  the  kingis  grace 
breiffe  of  Margaret  Villiamson,  dochter  to  vmquhill  Sir  Donald  Villiam- 
son,  chaplen,  as  procuratoris  for  the  said  Margaret  desyring  the  jugis  be 
ane  petitioun  giffin  in  be  tham  to  caus  serue  the  said  Margaret  of  all  and 
haill  ane  pece  of  land  lyand  vpoun  the  sowth  syd  of  the  bru'. 

June  I4th. — Alexr.  Sinclair,  son  to  Alexr.  Sinclair,  vicar  of  Iddinkeilze, 
was  decernit  to  pay  to  James  Howme,  son  to  vmquhill  Sir  George 
Howme,  chaplen,  xv  s.  mony  for  seruicc  maid  be  him  to  the  said  Alex1', 
in  Cathanes  fra  the  moneth  of  Junij  last  bypast  to  the  feist  of  Candilmes 
next  thairefter  viz1,  in  the  zeir  of  God  1573  zeiris. 

June  1 8th. — Catherein  Cowe,  relict  of  vmquhill  James  Sotherland,  vas 
decernit  to  pay  to  Johne  Beig,  tailzeour,  ane  rois  nobill,  twa  angell 
nobillis,  and  twa  pistolat  crownis  quhilkis  the  said  John  haid  and  gef  in 
plege  to  the  said  Kathereine  of  tuelf  pundis  and  ellewin  penneis  money, 
provyding  the  said  Jhone  pay  the  said  xij  pundis  xi  d.  to  the  said 
Katherein  at  the  resauing  of  the  samyn  peices  of  gold  foirsaid. 

July  1 2th. — The  quhilk  day  Johne  Watson,  trooper,  wes  creat  and 
sworn  dempstar  of  the  burrow  court  ay  and  quhill  he  be  dischargit  and 
wes  sworn  to  the  said  office  for  the  samyn  space. 

Comperit  judicially  Sir  John  Gibson,  parson  of  Vnthank,  as  procurator 
for  Margaret  Williamson,  naturall  dochter  to  vmquhill  Sir  Donald  Wil- 
liamsoun,  chaplen,  and  thair  producit  ane  breiff  of  our  souerane  loird  the 
kyngis  grace  chappell  dewly  execut  and  indorsit,  purchessit  at  the  said 
Margaretis  instance  for  serving  her  as  nerrest  and  lauchfull  air  to 
vmquhill  Jhone  Villiamson,  her  broder,  of  all  and  haill  the  landis  and 
annwell  rentis  with  the  pertinentis  quhilk  hir  said  vmquhill  broder 
deceissit  last  vestit  and  sesit  thairinto  within  the  bru1.  foirsaid  at  our  said 

U 


146  RECORDS  OF  ELGIN.  [l574- 

souerane  loirdis  fayth  and  pace  togidder  with  the  said  Margaretis 
petitioun  requyring  the  provest  and  bailzeis  present  for  the  tym  and  the 
pcrsonis  of  inquyst  that  the  said  Margaret  mycht  be  seruit  ncrrest  air  to 
her  broder.  [One  of  the  two  pieces  of  land  that  belonged  to  her  brother, 
"  quha  decessit  in  the  zeir  of  God  ane  thowsand  fyw  hunderyth  fyfty  and 
aucht  zeiris  or  thairby,"  had  "  the  place  callit  the  grey  freris  place  in  the 
eist."  She  was  duly  served  heiress.] 

July  26th. — The  quhilk  day  James  Lewingstoun  son  to  vmquhill 
Villiam  Lewingstown  was  creatit  ane  of  the  dempstaris  of  the  bru'.  quha 
maid  his  ayth  of  fidelity  for  leill  and  trew  seruice. 

July  3 1 st. — Andrew  Hay  was  decernit  to  pay  to  Sir  James  Spens, 
vicar  of  Alves,  procurator  and  intrometter  of  the  guidis  and  geir  of 
vmquhill  Villiam  Marois  in  Petgownye  the  sowm  of  fourtein  pundis  sax 
schillingis  aucht  penneis  vsuall  monye  of  this  realme. 

John  Robertson  was  decernit  to  pay  to  James  Pringall  twa  fir.  victual! 
for  supporting  him  in  giffing  meit  to  Sir  Thomas  Robertson,  chaplen,  sen 
the  xxv  day  of  July  in  Ixxiij  zeiris  vnto  this  instant  day. 

August  23rd. — Comperit  ane  hon11.  man  Robert  Innes  of  Innermarky 
and  produceit  ane  obligatioun  maid  be  him  to  Master  James  Thorntoun, 
chantour  of  Murray  and  parsoun  of  Langbryd  quha  hes  lattin  in  feufarm 
and  heritage  to  the  said  Robert  his  airis  and  assignais  his  town  and  landis 
of  Kirkhill  of  Langbryd  being  ane  part  of  the  patrimonye  of  the  said 
personage. 

August  28th. — Gilbert  Kemp  confessit  in  presens  of  the  bailze  that 
he  had  causit  James  Gardin  becom  actit  souerty  for  him  in  the  superin- 
tendentis  bukkis  of  Murray  that  he  suld  abstein  fra  committing 
fornicatioun  with  Gelis  Dauidson  in  all  tymis  cuming  vndir  the  pain  of 
ten  pundis  mony  to  be  payit  ad  pios  vsus  and  becaus  he  was  nocht 
responsall  for  the  said  James  releif  of  the  said  sowm  of  monye  in  cace 
he  salhappin  to  committ  fornicatioun  with  the  said  Jelis  Dauidson  and 
the  said  James  be  punesit  thairfoir  he  hes  puirly  and  simply  resignit  and 
renuncit  fra  him  the  lywrent  of  the  haill  ruid  of  land  quhilkis  he  presently 
dwells  into. 

Curia  capitalis  burgi  de  Elgin  tenta  in  pretorio  burgi  de  Elgin  per 
Joannem  Annand  prepositum  dicti  burgi  Alexandrum  Guthrie  Thomam 
Zoung  ballivos  dicti  burgi  quarto  die  mensis  Octobris  anno  millesimo 
quingentesimo  septuagesimo  quarto  sectis  vocatis  ac  curia  rite  affirmata. 


IS74-]  BURGH   COURT  BOOK.  147 

That  day  the  provest  and  baillies  of  the  bru1.  of  Elgin,  counsall  and 
comunate  of  the  samyn  present  for  the  tyme  hes  assignit  and  maid 
assignatioun  of  ane  auchtane  part  of  land  of  the  said  bru'.  quhairof  ane 
part  thairof  lyis  within  the  feild  callit  the  Fluris  quhilk  pertenit  to 
Walter  Auldcorne,  burges  of  the  said  bru1.  and  resignit  be  him  in  the 
handis  of  Thomas  Zoung,  ane  of  the  baillies  of  this  bru1.  in  fauoris  of 
Sir  Alexr.  Dowglas. 

November  22nd. — William  Stewin,  son  to  James  Stewin,  burges  of 
Elgin,  was  fund  convict  for  the  breking  of  his  ward  in  the  passing  furth 
of  the  tolbuyth  and  was  decernit  to  haif  tint  his  liberty  and  fredom  of 
this  burgh  and  to  be  denudit  thairof  as  he  had  nevir  bein  maid  burges 
thairof  and  to  pay  xl  s.  mony  for  his  contemptioun. 

Villiam  Stewin  was  decernit  to  big  the  sowth  end  of  the  twa  ruidis  of 
land  quhilk  pertenit  to  vmquhill  Andrew  Tailzour,  masson,  for  halding 
furth  of  all  travelleris  in  tym  of  pest. 

November  29th.  —  James  Peddir,  son  to  vmquhill  Sir  Alexander 
Peddir,  vicar  of  Vrray,  producit  ane  charter  of  alienatioun  maid  be 
Thomas  Kar  upon  ane  ruid  of  land  upon  the  north  syd  of  the  bru1. 
betuix  the  commond  venall  that  passis  to  the  place  of  vmquhill  the 
freris  predicatoris  of  Elgin  at  the  eist  on  the  ane  part,  and  the  lands  of 
James  Gardin  at  the  west  extending  lineallie  fra  the  kingis  grace  hie  get 
towart  the  south  vnto  the  fut  of  the  castell  hill  callit  our  Ladyhill  at  the 
north. 

Actum  extra  judicium  in  presentia  Magistri  Alex'.  Douglas  prepositi 
de  Elgin  quarto  die  mensis  Decembris  anno  Domini  1574  coram  his 
testibus  Thoma  Hay,  burgensi  de  Elgin  et  Joanne  Dauidson  burgensi  de 
Dondei.  The  quhilk  day  Hector  Angus,  merchand,  induellar  in  Elgin, 
of  his  awin  fre  motive  will  becom  actit  to  content,  pay  and  delyuer  to 
Katherin  Cowe  the  relict  of  vmquhill  James  Sutherland,  alias  Gereting, 
sumtyme  burges  of  Elgin,  ane  barrell  salmond  fische  full  reid  and  sueit 
merchand  wair  betuix  the  dait  heirof  and  the  xx  fourt  day  of  Junij  that 
nixt  cumis  within  the  town  of  Garmok  and  hevin  of  Spey  quhilkis 
failzeand  to  content  and  pay  for  the  pryce  of  the  said  barrell  of  salmond 
twenty  markis  vsuall  monie  of  this  realm  within  xv  days  nixt  eftir  the 
said  twenty  fourt  day  as  pryce  liquidat  and  convenit  betuix  thame  vnder 
the  pane  of  poinding  of  his  guidis  and  geir  or  varding  of  his  bodie 
within  the  tolbuith  of  this  bufgh  at  the  will  of  the  said  Katherein  ay  and 
quhill  the  contends  heirof  be  compleitlie  payt. 


148  RECORDS  OF  ELGIN.  [l574- 

December  5th.— Alexander  Geddie,  tailzour  in  Elgin,  wes  decernit  in 
amerciament  for  the  vrangus  trubling  of  this  bru'.  in  chasing  Thomas 
Gaderar,  burgcs  thair,  with  ane  quhongar  to  his  slaichter  and  thairfor  to 
rcmane  within  the  tolbuith  of  this  burgh  fourtie  aucht  houris  and  gif  he 
committis  siclyk  in  tymes  cuming  to  be  baneist  this  burgh. 

John  Beig,  tailzour,  wes  decernit  for  the  vrangus  injuring  of  Rechard 
Robertsone  in  hervist  to  remane  within  the  tolbuith  fourtie  aucht  houris 
quhowsone  he  can  be  apprehendit  and  to  pas  on  Sonday  befoir  the 
congregation  befoir  none  and  ask  Richard  Robertsone  forgivnes  for  the 
iniurious  wordis  givin  be  him  to  the  said  Rechard  and  gif  he  committis 
sic  in  tymes  cuming  to  be  banisit  of  this  town. 

December  I3th. — John  Donaldsone,  burges  of  Elgin,  wes  decernit 
and  ordanit  to  pay  to  Sir  Thomas  Robertsone,  chaplane  thair,  xxx  thre  s. 
four  d.  monic  for  xxv  days  meit  and  Thomas  Mill,  burges  thair,  xx  four  s. 
for  auchtein  days  meit  within  xv  days  quhilk  thay  suld  have  givin  to  him 
befoir  the  xx  fyft  day  of  Julij  last  bypast  conform  to  the  ordinance  of 
this  bru1. 

Henry  Froster,  cordinar  in  Elgin,  nocht  comperand  anent  the  clame 
of  ane  frensche  blak  kirtill  vranguslie  tane  be  him  fra  Cristen  Robertsone 
induellar  thair  on  flittin  Fryday,  and  for  dinging  the  said  Cristen  within 
her  awin  hous  the  jugis  decernit  the  said  Henrie  to  delyver  the  said 
Cristen  the  said  kirtill  and  to  remane  within  the  tolbuith  xlviij  houris  for 
the  dinging  of  hir. 

Thomas  Rechardson,  burges  of  Elgin,  wes  decernit  to  pay  to  Mr. 
Patric  Balfour  master  of  the  grammer  scoill  four  s.  mony  in  name  and 
behalf  of  Alexander  Boynd,  burges  thair,  and  Alexander  Vinsister, 
minister,  xxxv  s.  monie  within  xv  days  in  compleit  payment  of  all  restis 
bypast  awand  to  him  conform  to  thair  rait  quhilk  thai  ar  addettit  to  pay 
be  ordinance  of  this  burgh. 

Stevin  Cowpar  wes  decernit  to  pay  to  Alexr.  Grant  in  Raffen  xx  s. 
monie  for  the  rest  of  certane  knappiscall  schellis  and  Thomas  Rechardsone 
aucht  s.  for  the  rest  of  Poldavie  canves  and  ane  pair  of  gairdy  slevis  to 
his  wyff. 

Elspet  Moir,  spous  to  Johne  Foirdyse,  saidlar,  renuncit  hir  coniunct 
infeftment  of  ane  tenement  or  pece  of  land  lyand  within  the  immunitie 
of  the  college  of  the  cathedral!  kirk  of  Murraye  betuix  the  commond 
vennell  and  the  land  of  vmquhill  Sir  William  Zoung,  now  pertenand  to 


1 574-5-]  BURGH  COURT  BOOK.  149 

the  airis  of  Andrew  Boynd,  at  the  west  arid  the  land  of  Sanct  Gelis 
cheplan  fundit  within  the  cathedrall  kirk  of  Murraye  at  the  est  extending 
fra  the  hie  get  callit  the  Darne  rod  quhilk  passis  fra  the  town  of  Elgin  to 
the  said  cathedrall  kirk  at  the  north  to  the  landis  and  mans  of  the  cheplane 
of  Sanct  Michaellis  cheplanrie  fundit  within  the  said  cathedrall  kirk  at 
the  sowthe  and  als  ane  pece  land  contigue  adjacent  to  the  said  tenement 
or  pece  land  forsaid  betuix  the  said  tenement  of  land  forsaid  at  the  wast 
and  the  land  of  the  said  Sanct  Gelis  cheplane  at  the  est  extending  fra 
the  said  Darne  rod  at  the  northt  to  the  said  mans  of  Sanct  Michaeilis 
mans  and  cheplan  afoir  exprimit  at  the  sowtht. 


1574-5- 

January  i8th. — [Brief  of  date  pth  January,  1574,  at  Dalkeith,  to  the 
provost  and  bailies  of  Elgin,  from  King  James,  with  advice  of  James, 
Earl  of  Morton,  Lord  of  Dalkeith,  regent,  anent  the  King  having  made 
John  Douglas  and  John  Cuming,  yr.  of  Ernside,  his  bailies  of  the  Earldom 
of  Murray,  and  other  lands  within  the  Sheriffdoms  of  Elgin  and  Forres, 
Nairn  and  Inverness,  pertaining  in  liferent  conjunctly  or  tercc  to  Dame 
Agnes  Keith,  now  Countess  of  Argyll,  relict  of  "  vmquhill  James,  Erie 
of  Murray,  Lord  Abernethie,  that  last  decessit."] 

John  Macinra  within  the  paroche  of  Dollcs  being  persewit  for  the 
halding  fra  James  Cuming  in  Glasgreine  of  ane  dissone  deirskynnis  the 
jugis  absoluit  the  said  Johne  be  his  aith. 

Alexander  Nicoll,  spous  to  Bessie  Robertsone  in  Elgin,  wes  decernit 
to  pay  to  Johne  Thomson  seruand  to  Alexander  Dunbar  of  Mochram 
sax  schillingis  aucht  penneis  monie  for  the  pryce  of  ane  javelling. 

January  3ist. — Margaret  Watson,  dochter  to  Johne  Vatsone,  cowper, 
wes  decernit  to  pay  sax  schillingis  monie  for  the  prycc  of  ane  sark  quhilk 
Hector  Angus  geff  hir  to  vesche  and  stowin  in  hir  defalt  and  Thomas 
Mill  to  pay  the  just  pryce  of  ane  blak  bonat  tane  be  the  said  Thomas  of 
the  said  Hectoris  heid  the  space  of  thre  zeiris  bypast. 

John  Vmfray,  burges  of  Elgin,  wes  decernit  in  amerciament  for  the 
vrangus  cuming  to  Alexander  Douglas,  cordinaris  house  thair  in  the 
moneth  of  December  last  bypast  under  sylence  of  nicht  and  thair  casting 
vranguslie  ane  coigfull  of  aill  in  the  said  Alexanderis  face  without  ony 


ISO 


RECORDS  OF   ELGIN.  [l 574-5- 


occasioun  done  to  him  be  the  said  Alexander  and  thairfor  to  content  and 
pay  to  the  said  Alexander  als  mekle  mony  as  the  said  Alexander  is 
decernit  or  salhappin  to  pay  to  the  Shereff  of  Murray  or  his  deputtis 
for  the  bluid  giffing  to  the  said  Johne  at  said  tyme  beressoun  the 
occasioun  of  the  bluid  drawing  of  him  movit  of  him  selff  as  said  is. 

February  /th.— Achilles  Greive  wes  decernit  to  delyuer  to  Thomas 
Vmfray  sax  sufficient  maskis  of  draff. 

March  4th.— Katherein  Ros,  the  relict  of  vmquhill  Johne  Thomsone, 
burges  of  Elgin,  wes  decernit  to  keip  neborat  in  schawing  masleach  in 
the  Schanehery  hill  and  in  the  north  syd  on  the  landis  lyand  on  the  syd 
of  the  landis  pertenand  to  Rechard  Robertsone  lyand  in  the  said  feldis 
or  at  the  leist  to  keip  skaithles  the  said  Rechard  of  the  citing  of  his 
cornis  growand  contigue  on  the  syd  of  hir  said  landis. 

Thomas  Vmfray  wes  decernit  to  mak  and  set  als  sufficient  willing 
treis  in  maner  of  ane  hege  and  to  big  ane  sufficient  dyk  of  stack  and  rys 
as  the  samyn  wes  the  tyme  that  he  tuik  doun  the  samyn  without  licence. 


1575- 

April  i  ith. — The  quhilk  day  James  Cowe  wes  feit  punlar  for  keiping 
of  the  cornis  of  this  bru1.  quhill  the  samyn  be  led  in  to  the  zairdis  be  the 
provest,  bailzeis,  counsall  and  comunite  of  the  samyn  quha  hes  fund 
William  Hay,  elder,  burges  of  Elgin,  souertie  and  cationer  for  payment 
making  to  the  said  James  of  xxx  tua  s.  monie  for  his  fie  for  keiping  of 
the  said  cornis,  the  ane  half  to  be  payt  at  Vitsonday  and  the  uther  half 
to  be  payt  at  the  innyng  of  the  saidis  cornis. 

May  1 6th. — Comperit  George  Douglas,  naturall  sone  to  vmq11.  Sir 
James  Douglas,  vicar  of  Kynneddour,  and  presentit  oure  soverand  lordis 
letteris  of  legittimatioun  vnder  his  grace  greit  seill  quhilk  George  exhortit 
the  jugis  that  thay  wald  cais  insert  the  samyn  within  the  court  buikis  be 
thair  dark  of  court  and  als  ane  of  the  officiaris  of  the  bru'.  to  pas  with 
the  said  dark  to  the  mercat  croce  and  thair  to  publice  and  proclame  the 
said  George  legittimatioun  [which  was  accordingly  done.  A  copy  of  the 
letters  of  legitimation,  of  date  3oth  March,  1575,  is  inserted  in  the  Court 
book.] 


1 575-7-]  BURGH  COURT  BOOK.  151 

October  iith. — It  is  statute  and  ordanit  that  all  jugis  within  this  bru'. 
and  burgessis  of  the  samyn  for  the  space  of  ane  zeir  sail  entir  to  all 
courtis  within  the  tolbuith  of  the  said  bru'.  at  the  hour  of  ten  befoir  none 
thai  being  within  the  said  bru1.  vnder  the  pane  of  aucht  schillingis  vnlaw 
onforgivin. 

It  is  statute  and  ordanit  that  na  flescher  within  this  bru'.  nor  without 
this  bru'.  in  na  tymes  cuming  sail  pas  vttowth  this  bru'.  on  markat  days 
to  by  na  kynd  of  bestiall  nor  fouliis  wyld  nor  tem  that  ar  cumand  to  the 
mercat  to  na  uther  persone  bot  samekle  as  servis  for  thair  awin  hous  nor 
zeit  to  by  na  fleschis  slane  fra  uther  flescheris  havand  or  bringing  the 
samyn  to  the  mercat  vnder  the  pain  of  xx  s.  vnlaw  the  bestiall  fouliis  and 
fleschis  to  be  eschet  quhow  oft  tymes  the  present  statute  be  contravcnit. 

It  is  statute  and  ordanit  for  keiping  of  guid  ordour  within  this  burgh 
of  all  statutis  maid  herinto  that  the  four  bailzeis  and  officiaris  keip  the 
tua  mercat  days  of  this  burgh  weiklie  for  the  space  of  ane  zeir. 

That  na  plak  breid  nether  of  breid  of  quhyt  nor  breid  of  aittis  be 
baikin  within  this  burgh  for  the  space  of  ane  zeir  vnder  the  pane  of 
delling,  and  that  tua  pennie  breid  be  baikin  sufficientlie  of  sufficient  stuff 
of  ten  vnce  wecht  and  the  tua  pennie  leiff  of  breid  of  aittis  of  fourtein 
vnce  wecht  under  the  pane  of  delling  the  haill  baitch,  and  that  na 
personis  baik  kaiks  within  this  burgh  to  sell  outtowth  thair  housis  vnder 
the  pane  of  aucht  schillingis  vnlaw. 

That  the  gallown  of  best  aill  be  sauld  for  tua  schillingis  aucht 
penneis  and  the  werst  to  be  sauld  for  thre  penneis  as  the  cunstaris  sail 
think  expedient. 

That  na  mennis  schone  be  sauld  derrar  nor  tua  s.  aucht  penneis  the 
pair  and  wemennis  schone  for  xx  penneis  and  bairnis  schone  of  less 
pryce  vnder  the  pane  of  aucht  s.  monie. 

November  2ist. — Barbara  Catour  in  Elgin  becom  actit  to  delyver  to 
Jhon  Blincher,  sumtym  ane  of  the  freris  predicatouris  in  Elgin,  ane 
timmer  quart  stop,  ane  pair  pot  bowlis  and  ane  mowtche  quhilk  he  gef 
hir  in  kepyng. 

1576-7. 

January  I4th. — The  burrow  court  of  the  burgh  of  Elgin  haldin  within 
the  tolbuith  of  the  samyn  be  Jhone  Annand,  provest.  The  quhilk  day 


152  RECORDS  OF  ELGIN.  [  1 576-7- 

James  Stewin  wes  creat  dempstar  and  suorn  for  the  executioun  of  his 
office. 

February  3rd. — Jennet  Zoung,  relict  of  William  Smyth,  and  the  rest 
of  the  personis  eftir  following  at  the  instance  of  Androw  Dowglas  in 
Vnthank,  chalmerlain  to  ane  honorabill  man,  Archibald  Dowglas  of 
Pettindreich  and  heritable  possessour  of  the  few  landis  quhilk  pertenit  to 
the  freris  predicatouris  of  the  burgh  of  Elgin,  ves  decernit  to  pay  to  the 
said  Androw  the  annuells  of  said  landis  for  the  zeiris  of  God  1575  and  of 
1576  zeiris,  vizet.,  Jennet  Zoung  twa  s.,  Item  Wm.  Hay,  zounger,  four  s., 
Dauid  McWilliam  xij  s.,  Jhone  Vmfra  four  s.,  Blais  Alues  four  s.,  the 
mans  of  Sanct  Anna  fundit  within  the  cathedrall  kirk  of  Murray  sumtym 
occupeit  be  Sir  Jhone  Gibsoun  and  Sir  Jhon  Russall  sax  s.  viij  d.  and 
Patrc  Andersoun  four  s.  and  the  remanent  personis  of  the  said  bru1. 
being  varnit  to  haif  payit  the  annuell  rent  quhilk  thai  and  thair  pre- 
decessouris  var  addetit  in  payment  to  the  vmq".  freiris  predicatouris  of 
Elgin  and  comperand  vizet.  Thomas  Zoung,  Thomas  Watsoun,  Robert 
Tailzour,  Thomas  Vmfra,  Alexr.  Vinsister,  zounger,  Margaret  Glassin- 
wrecht,  Jhone  Cuming,  as  was  desyrit  be  the  said  Androw  Douglas 
conform  to  ane  inventour  of  ane  rentall  ansuerit  and  said  that  thai  ar 
and  salbc  ordanit  to  pay  the  annuell  rentis  contenit  in  the  said  rentall  ilk 
ane  for  thair  awin  partis  provyding  the  said  Androw  Douglas  prewe  be 
wreit  and  vitnes  the  saidis  freiris  to  haif  bein  in  vse  and  possessioun  of 
the  payment  thairof  furth  of  the  landis  in  ony  tyme  bypast. 


1577- 

July  29th. — Elspet  Boyis,  spous  to  George  Skadkaill,  cordiner  in 
Elgin,  confessit  judicially  that  scho  brak  ward  in  passing  furth  of  the 
tolbuyth  of  this  bru1.  on  the  xv  day  of  this  instant  moneth,  scho  being 
arrest  thairinto  be  the  officiar  of  the  said  bru'.  at  the  bailzeis  commandis. 


1577-8. 

February  7th. — Nicolas  Vrwell,  induellar  in  Elgin,  becom  actit  to  pay 
to  Sir  Thomas  Gil,  chaplan,  redar  at  the  kirk  of  Abercherdour  ten  pundis 
vsuall  mony  of  this  realme. 


1 578-9-]  BURGH  COURT  BOOK.  153 


I578- 

December  8th. — Nicolas  Vrvell  was  decernit  to  pay  to  John  Murray, 
milwart  at  the  Sheriff  mill,  fyvetein  schillingis  for  nocht  keiping  his 
promeis  to  vphald  the  cow  with  calf  quhilk  he  sauld  to  the  said  Johne 
Murray. 

Jannet  Gowdy  wes  decernit  to  pay  to  Katherein  Jak,  sumtyme  hir 
servand,  fyvetein  schillingis  and  tua  pairis  new  schone  quhilk  scho 
promisit  to  the  said  Katherein  for  hir  fie  and  buntay  for  hir  service  maid 
to  hir  be  the  space  of  ane  zeir. 


1578-9- 

January  I2th. — The  quhilk  day  Villiam  Dovvglas,  vicar  of  Elgin,  Vas 
creat  ane  of  the  clairkis  and  scrybis  off  court  of  the  bru'.  of  Elgin  for 
the  space  of  ane  zeir  and  forder  quhill  he  be  discharge!!  be  provest  and 
bailzeis  of  the  said  bru1.  for  the  tym  quha  maid  his  ayth  of  fidelitie  for 
leill  and  trew  vsing  of  the  said  office  of  the  clairkship  in  all  burrow  courts 
of  the  said  bru'.  as  vse  is. 

January  26th. — Andrew  Mill  wes  decernit  to  pay  to  Symon  Cramond, 
smyth  in  Elgin,  the  sowm  of  tuentie  thre  schillingis  vsuall  money  of  this 
realme  restand  awand  be  him  to  the  said  Symonis  wyff  for  meit  and 
drink  coft  be  the  said  Andrew  fra  hir. 

February  i6th. — William  Auldcorn  was  decernit  to  pay  to  Alexander 
Stewart,  walkar,  ane  zaikin  almerie. 

James  Mechell,  burges  of  Elgin,  was  decernit  in  amerciamcnt  in  the 
wrangus  saying  judicially  to  the  provest  I  kair  nocht  quhat  ze  can  or 
may  do  vnto  me  and  siclyk  for  the  provoking  Wm.  Hardy,  bailze,  on  the 
xxi  day  of  this  instant  saying  to  him  giff  yow  be  better  nor  me  suaill  for 
your  lyff,  cum  doun  to  your  awin  zaird  end  and  awow  the  dinging  of  my 
vyf  and  thairfoir  the  rest  of  the  jugis  with  awys  of  the  maist  part  of  the 
cunsall  for  sic  causis  and  vtheris  his  demereittis  bypast  be  his  misordour 
within  this  burgh  decernit  the  said  James  to  haif  tint  his  fredome  and 
liberty  of  burgeschip  of  this  bru1.  in  all  tymes  cuming  and  to  be  arrestit 
within  the  tolbuith  thair  to  remain  ay  and  quhill  he  find  caution. 

v 


154  RECORDS  OF   ELGIN.  [1580. 

March  4th. — It  is  statute  that  the  pair  of  mennis  schone  be  sauld  for 
thre  schillingis  and  the  wemennis  schone  for  tua  schillingis  and  bairnis 
schone  for  xviij  d.  thay  being  of  saxtein  zeir  auld  and  gif  thai  be  of  Ics 
age  nor  tuelf  zeiris  auld  the  schone  for  sic  bairnis  to  be  sauld  for  xij  d. 

It  is  statute  that  na  market  be  haldin  upon  Sonday  within  this  burgh 
except  maittis  and  that  only  quhill  half  hour  to  ten  vnder  the  pane  of 
cschcting  of  the  gudis  and  geir  sauld  and  sellen  gif  bny  be  apprehendit. 


1580. 

March  26th. — Dauid  VVynsister  judicialie  rcsignit  fra  him  ane  half 
auchtcn  part  of  land  lyand  within  the  grcischip  of  the  burgh  of  Elgin 
quhilk  sumtymc  pcrtenit  to  Johnc  Rothcrfuird,  burges,  in  the  handis  of 
Thomas  Zoung,  ane  of  the  bailzeis  of  the  said  burgh  in  fauoris  off 
Alexander  Grant,  burges  thair,  vpoun  ane  reversioun  of  tuantie  schillingis 
monic  quhilk  Thomas  Zoung,  bailzie  forsaid  geff  assignatioun  of  the 
said  half  auchten  part  of  land  to  the  said  Alexander  Grant  be  deliuerance 
of  ane  officiaris  wand  as  use  is  and  that  with  consent  of  the  provcst, 
rcmancnt  bailzeis,  counsall  and  commurite  present  for  the  tyme  for  the 
quhilkis  the  said  Alexander  Grant  payt  and  deliuerit  instantlie  ten 
schillingis  monie  to  William  Hay,  court  dark  of  the  said  burgh  as  cntres 
silucr  of  the  said  half  auchten  part,  vpoun  the  quhilkis  the  said  Alexander 
and  Dauid  tuik  act  of  court. 

The  quhilk  day  Thomas  Zoung,  ane  of  the  bailzeis  of  the  burgh  ol 
Elgin,  with  consent  of  provest  etc.  gef  assignatioun  of  tua  auchten  partis 
of  land  pertening  to  Alexander  Wynsister,  minister  of  Elgin,  lyand 
within  the  greschip  of  this  bru1.  to  Dauid  Wynsister,  burges  thair,  be 
deliuerance  of  ane  officiaris  wand,  quhilk  Dauid  Wynsister  payt  fourtie 
schillingis  monie  to  William  Hay,  court  dark  for  his  entres  siluer  of  the 
said  tua  auchten  partis. 

Johne  Innes,  spous  to  Bessie  Hay  in  Elgin,  is  becom  actit  souertie 
that  Thomas  Laing  in  Correlwoid  sail  karrie  na  quhyt  fyscheis  to  the 
burgh  of  Elgin  to  be  sauld  thair  in  na  tymes  to  cum  without  leceans  be 
grantit  to  him  be  the  provest,  bailzeis  and  counsall  of  the  burgh  forsaid 
under  the  paine  of  tuentie  schillingis  and  escheting  of  the  fysche. 


1580.]  BURGH  COURT   BOOK.  155 

George  Wauis,  burges  of  Elgin,  was  decernit  to  deliuer  to  William 
Tarras,  naturall  sone  to  Sir  James  Tarras,  the  press  quhilk  he  had 
perteining  to  the  said  William. 

The  jugis  ordanis  Alexander  Boynd,  burges  of  Elgin,  to  intromit 
with  the  haill  muk  presentlie  lyand  be  eist  the  south  duir  quhilk  George 
Gray,  maltman  in  Elgin,  presentlie  duellis  into  inrespect  the  said  George 
wranguslie  keist  down  ane  mude  gavell  of  ane  hous  pertening  to  the  said 
Alexander  and  howkit  his  zaird  quherwith  he  maid  the  said  muk  by  his 
attollerance. 

May  2nd. — That  day  Johne  Innes,  burges  of  Elgin,  comperit  judiciallie 
and  thair  producit  and  geff  in  ane  wreitting  to  the  provest,  bailzeis  and 
counsall  of  the  burgh  of  Elgin  humilie  mcnand  and  schawand  that 
contrar  the  lovabill  lawis  of  the  realm  and  vse  of  this  burgh  obseruit  in 
tymes  past  he  hed  consentit  to  the  making  of  Robert  Inncs  of  Inner- 
markie  provest  of  this  burgh  quhilk  now  he  knew  to  be  contrar  the 
commond  weill  of  the  said  burgh  desyring  and  craving  therfor  thair 
honouris  pardoun  and  for  the  offensis  foirsaid  he  wald  submit  him  in 
thair  willis  quhilk  being  red  the  jugis,  counsall  and  comburgessis  ressauit 
the  said  Johne  in  thair  willis  quhairupoun  the  said  Johne  desyrit  act  of 
court. 

Anthon  Cowe,  armorar,  burges  of  Elgin,  wes  decernit  to  deliuer  to 
Alexander  Watsone  in  Ardgy  ane  buclair  sword  quhilk  the  said 
Alexander  deliuerit  to  him  to  dycht. 

Andrew  Cowe,  scabbertmacker,  burges  of  Elgin,  wes  decernit  to 
deliuer  to  John  Mawer  in  Vrquhart  ane  tua  handit  sword  quhilk  he 
ressauit  fra  the  said  Johne  the  space  of  tuentie  zeiris  syn  to  dycht  and 
grayth. 

May  8th. — Actum  extra  judicium  coram  his  testibus  domino  Joe. 
Gibson,  rectore  de  Vnthank,  Andrew  Douglas  in  Vnthank  et  magistro 
Hectore  Douglas,  rectore  de  Ancrum  (?).  That  day  Alexander  Duff  of 
Torrisoill  hes  constitut  Jhone  Hamiltoun,  servitour  to  George,  Erie  of 
Huntly,  his  procurator. 

June  3<Dth. — The  provest,  bailzeis  and  maist  parte  of  the  counsall  off 
the  burgh  being  convenit  within  the  tolbuith  of  the  said  burgh  for 
observing  the  kingis  grace  maiesteis  lawes  ordinancis  and  statuttis  of 
this  realme  and  also  for  observing  the  statutis  and  ordinancis  off  the 
cinodell  assembleis  maid  and  statut  be  the  ministaris,  eldaris  and  deaconis 


156  RECORDS  OF   ELGIN.  [1580. 

off  this  realme  in  tymes  bypast  hes  statut  and  ordanit  that  na  persone 
within  this  burgh  ather  freman  nor  onfreman  nor  that  vyssis  in  ony  tym 
to  cum  sail  pretend  or  caus  mak  ony  fyris  vpon  the  he  calsay  of  this 
burgh  on  Sanct  Jhonis  evvin  or  Sanct  Peteris  ewin  in  the  monethis  of 
Junij  or  ryd  in  disagysit  maner  within  this  burgh  on  Sanct  Necolas  day 
or  Sanct  Necolas  ewin  in  the  monethis  of  December  in  ony  tymis 
cuming  vnder  the  pain  of  tinsall  of  thair  fredome  that  ar  burgessmen 
and  burgess  vyffis  and  quhat  pcrsonis  thair  ar  noth  fremen  and  fremenis 
vyffis  that  sal  happin  to  contrawein  this  present  statut  and  ordinance  to 
pay  ten  pundis  and  gif  thair  be  nocht  responsall  of  the  said  sowme  of 
money  to  be  put  in  vard  within  the  tolbuith  of  the  burgh  forsaid  for  the 
space  of  ane  moneth  without  any  releiff. 

Siclyk  it  is  statut  that  nedir  freman  nor  onfreman  within  this  burgh 
in  na  tymes  cuming  sail  beir  or  weir  jak,  pleit  slewis,  culvering,  dag, 
pistoll  nor  suord  upon  tham  within  the  said  burgh  without  speciall 
leceans  of  the  provest  and  bailzeis  and  maist  part  of  the  counsall. 

July  4th. — The  burrow  court  of  the  burgh  of  Elgin  haldin  within  the 
tolbuith  of  the  samyn  be  Johne  Annand,  provest  thairof,  William 
Gibsoun  etc.  bailzeis.  John  Annand,  provest  of  Elgin,  vas  decernit  and 
ordanit  to  content  and  pay  to  George  Gray,  maltman  in  Elgin,  thre  bollis 
sufficic'nt  victuall  within  xv  dayis  as  souerty  and  cautioner  for  Sir  William 
Sutherland,  person  of  Moy. 

July  5th. — James  Zoung,  armourar  in  Elgin,  wes  decernit  to  pay  to 
Anthon  Cowe,  burges,  tuentie  tua  schillingis  sax  penneis  for  the  pryce  of 
sewin  pair  of  sword  gairdis. 

July  1 8th. — The  aikin  tre  won  be  Nicolas  Vrvell  in  the  schort  Boig 
within  the  propertie  of  the  burgh  of  Elgin  wes  decernit  to  be  arrestit  in 
behalf  of  the  provest,  bailzeis  and  counsall. 

James  Cuming,  multarar  at  the  auld  miln  of  Elgin  wes  decernit  to 
pay  to  Alexander  Philp  in  Glasgrein  fyve  s.  for  the  symmering  of  tua  ky 
to  him  in  symmer  last  wes. 

July  3oth. — Cristen  Forbes,  spous  to  Johne  Mow,  fidler  in  Elgin,  is 
pcrsewit  be  Thomas  Smith,  officiar  for  ane  mask  fatt. 

James  Zoung,  armorar  in  Elgin,  being  persewit  be  Anthon  Cowe  for 
the  nummer  of  saxtein  sword  bleddis  is  absolvit. 

August  23rd. — John  Innes,  sumtym  in  Reidhall,  now  induellar  in 
Elgin,  as  souertie  for  James  Brown  in  Danskin  wes  decernit  to  pay  to 


1580.]  BURGH  COURT  BOOK.  157 

Thomas  Smyth,  merchand  burges  of  Elgin,  ane  barrell,  half  barrell  and 
the  third  of  half  ane  barrell  sufficient  salmon,  full  reid  and  sweit, 
merchand  wair  betuix  the  dait  heirof  and  the  feist  of  Mechaelmes  that 
nixt  cumis  vnder  the  panis  of  poynding  with  ten  schillingis  for  the 
expensis  of  the  pley  at  the  day  foirsaid. 

September  loth. — Actum  extra  judicium  in  presentia  honorabilis  viri 
Johannis  Annand,  prepositi  burgi  de  Elgin  coram  testibus.  The  quhilk 
day  Alexander  Wynsister,  minister,  burges  of  Elgin,  of  his  awin  fre 
motive  will  becom  actit  to  content,  pay  and  deliuer  to  Mechaell  Fuird, 
messinger,  audit  bollis  sufficient  wictuall  with  the  cherratie  betuix  the 
dait  heirof  and  the  feist  of  the  purificatioun  of  Our  Ladie  callit  Candilmes 
pay  that  nixt  cumis  vnder  the  panis  of  poynding.  [Signed]  Alex. 
Wynchester  minister  of  Elgin. 

October  3rd. — Curia  Capitalis.  Abscntes :  The  Abbot  of  Kynloss, 
Alexander  Gordoun  of  Baldorneych,  Jhon  Ros  of  Baliuat  etc.  John 
Annand  was  creatit  provest.  Alexander  Douglas  presentit  leteris  of 
exemptioun  [of  date  9th  March,  1575]  and  the  jugis  with  detfull 
reuerence  admittit  and  ordanit  the  samyn  to  be  registrat  within  our 
court  bukis :  REX  understanding  that  cure  lovitt  Alexander  Douglas  is 
appoyntit  redar  at  the  kirk  of  Essil  and  seruis  the  cure  thairof  as  alswa 
is  agit  and  seiklie  and  can  nocht  thairfoir  be  absent  fra  the  cuire  of  the 
said  kirk  to  pas  vpoun  assyse  or  inquestis  or  zit  to  serue  us  in  our  oistis, 
raidis,  weris  and  armeis  except  we  wald  altogidder  lichtlie  and  neglect 
the  cure  of  his  office  nather  is  it  meit  or  convenient  that  ane  man  of  his 
vocatione  suld  be  fasched,  trublit  and  cummerit  with  wardlie  afferis 
quhairby  he  micht  be  withdrawin  fra  his  cure  and  office,  thairfoir  we 
haiff  grantit  our  speciall'licience  to  the  said  Alexr.  Douglas  to  remane 
and  byde  at  hame  fra  all  oure  oistis,  raidis,  armeis,  weris,  gadderingis, 
assemblies  and  wappinschavis  etc. 

It  is  statut  that  the  galloun  of  best  aill  be  sauld  for  threttie  tua 
penneis  and  the  warst  for  minor  pryce  at  the  command  of  the  cunstaris. 

It  is  statut  that  the  plak  breid  of  quhyt  be  baikin  sufficient  breid  of 
saxtein  vnce  trois  wecht  the  tua  pennie  breid  effering  thairto  and  the 
breid  of  aittis  sauld  for  tua  penneis  be  tuelf  vnce  wecht  foirsaid  and  na 
breid  of  aittis  to  be  baikin  for  plakis  vnder  the  payne  of  escheting. 
That  the  best  pair  of  menis  schone  be  sauld  for  thre  schillingis  and 
wemennis  schone  for  tua  schillingis,  bairnis  schoin  of  saxtein  zeris  aigit 


158  RECORDS  OF  ELGIN.  [1580. 

for  auchtein  penneis  and  of  tuelf  zeiris  aige  for  xij  penneis  and  quhaeuir 
refusis  to  do  the  samyn  it  salbe  lesum  to  the  byer  to  tak  the  schone  and 
lay  doun  the  siluer  to  the  sellar  and  gif  any  cordiner  will  not  suffer  the 
samyn  to  be  done  the  byer  requering  witnes  and  plainting  to  the  provest 
and  bailzeis  foirsaid  thairupon  the  cordiner  salbe  callit  and  convict  in  ane 
unlaw  of  aucht  schillingis  for  ilk  tyme  thay  contravein  the  present  statute. 

It  is  statut  for  keiping  of  guid  ordour  of  all  statutis  maid  within  this 
bur',  that  the  four  bailzeis  and  officiaris  keip  the  tua  mercat  days  weiklie 
within  this  bru'.  Item  that  the  moss  be  diwydit  upoun  Fryday  the 
fourtein  day  of  October  instant. 

November  I4th. — Jannet  Thomson,  relict  of  vmquhill  William  Smyt, 
sumtym  burges  of  Elgin,  wes  decernit  and  ordanit  to  content  and  pay  to 
William  Musset,  leitche  in  Elgin,  fourtie  schillingis  monie  betuix  the  dait 
heirof  and  the  tuentie  day  of  the  moneth  of  December  nixt  to  cum  for 
the  heling  of  Hierom  Smythis  fynger  hir  sone,  quhilk  wes  cuttit  fra  him 
be  Alexander  Thomsone,  burges  thair. 

November  28th. — Anthon  Cowe,  skalbertmacker,  burges  of  Elgin,  wes 
decernit  to  pay  and  deliuer  to  Agnes  Allan  ane  new  quhyt  petticoit  with 
ane  casting  sark  fra  the  said  Anthonis  wyffis  bak  in  compleit  payment  of 
hir  fie  and  bountays  promisit  be  thame  to  hir  for  the  nursing  of  thair 
bairne. 

October  ist. — [Head  Court  of  the  burgh  of  Elgin  held  in  the  choir  of 
the  Parish  Church  by  John  Annand,  provost,  and  William  Hay,  Thomas 
Young  and  William  Gibson,  bailies.] 


1581. 

June  1 2th. — Thomas  Gait  wes  ordanit  to  pay  to  Sir  Alexander 
Sinclair,  ane  of  the  chaplanis  of  the  cathedrall  kirk  of  Murray  four 
pundis  ten  schillingis  mony  as  thre  zeiris  annuall  rent  for  the  ruid  of 
land  callit  Logeis  land  provyding  the  said  Sir  Alexander  deliuer  ane 
sufficient  acquittance  to  the  said  Thomas  for  the  said  sowm  subscryvit 
be  the  maist  pairt  of  the  chaplandis. 

June  1 5th. — Katherein  Cowie,  relict  of  wmq11.  James  Sotherland,  hes 
becom  actit  to  pay  to  Johne  Dowglas,  prebendar  of  Russill,  and  to 
Robert  Hepburn,  granatar  of  Spynie,  factoris  to  Andrew  Douglas, 


1581.]  BURGH   COURT  BOOK.  159 

donator  to  the  escheit  of  the  rest  of  the  tackis  of  the  teynd  salmon  of 
the  thre  coblis  of  Innerspey  quhilk  umquhill  George  Douglas,  vicar  of 
Aberchirdour,  taxman  thairof  possessit  during  his  lyftyme,  the  pryce  of 
sax  barrellis  salmon  fysche. 

June  iQth. — Sir  James  Tarras  wes  decernit  to  pay  to  Alexander 
Thomson,  burges  of  Elgin,  ten  schillingis  sax  penneis  for  the  annuall 
rent  of  the  hous  quhilk  sumtym  pertenit  to  Andrew  Andersoun,  minister 
at  Loth,  now  to  the  said  James,  lyand  within  the  Gray  freir  wynd. 
Alexander  Rob,  maltman  in  Elgin,  wes  decernit  to  pay  to  Nicoll  Boynd 
in  Aikenheid  tuelf  schillingis  four  penneis  for  sax  leittis  of  peittis  and 
fyve  firlottis  malt  sauld  be  the  said  Nicol  to  him.  Anthon  Cowe  wes 
decernit  to  pay  thre  pundis  money  for  tua  hunderit  leidis  muk  he 
promised  to  deliuer  to  William  Hay  betuix  the  loyn  dykis  of  the  wynd 
quhilkis  passis  fra  the  grammer  scoill  of  the  burgh  of  Elgin  and  the 
moss  thairof. 

July  3rd. — Alexander  Forbes,  chapman,  hes  catioun  that  he  sail 
nocht  oppin  boyth  within  the  burgh  of  Elgin  nor  by  nor  sell  ony  sort  of 
stapill  guid  nor  vse  the  libertie  of  ane  freman.  William  Chalmer  wes 
chargeit  that  he  sail  nocht  sell  na  kynd  of  stapill  guid  sic  as  salt,  hemp, 
lint,  woll,  seip  nor  na  vther  sort  of  merchandreis  nor  hald  oppin  buyth 
within  the  burgh  of  Elgin  till  he  obtein  his  libertie  of  the  said  bru'. 
vnder  the  payne  of  escheting  all  his  guidis  and  geir  movabill. 

The  bailzeis  ordanis  the  officiaris  to  pas  to  the  personcll  prcsens  of 
the  haill  personis  within  this  burgh  addetit  in  payment  of  the  annuall 
rentis  pertening  to  the  chepland  of  Sanct  Duthois  chaplandric  fundat 
within  the  paroche  kirk  of  Elgin  and  charge  thame  for  to  mak  payment 
thairof  to  Johne  Annand,  sone  to  Johne  Annand,  provest  of  Elgin,  quha 
is  lauchfullie  provydit  to  the  said  chaplandrie  be  his  said  fader  patroun 
of  the  said  chaplanrie  lyk  as  he  is  to  all  emolumentis  and  proffeittis 
thairof  be  the  demission  of  Sir  Johne  Gibsone  last  chapland  thairof. 

Patrik  Rattray  wes  decernit  to  pay  to  Walter  Innes,  indwellar  within 
the  college  of  the  cathedrall  kirk  of  Murray  saxtein  pundis  of  dampnage 
and  skayth  through  the  insufficiencie  of  certane  pundis  vnzeon  seid 
sauld  be  the  said  Patrik  to  him  quhilk  he  promisit  to  be  sufficient  fresche 
seid  and  that  the  samyn  seid  com  furth  of  Flanders  sen  Zoull  last  wes. 

October  2nd. — Curia  capitalis  burgi  de  Elgin  tenta  infra  chorum 
ecclesie  parochialis  dicti  burgi  per  honorabiles  viros  Joannem  Annand, 
prepositum,  Thomam  Zoung,  Thomam  Hay,  Thomam  Vmfra,  balliuos. 


l6o  RECORDS  OF  ELGIN.  [l5Sl- 

James  Cadell,  mcrchand,  indwcllar  in  Elgin,  with  expres  consent  and 
assent  of  the  provest,  bailzeis,  cunsall  and  haill  comburgessis  present  for 
the  tym,  maid  burges  and  freman  of  this  bru1.  quha  maid  his  ayth  of 
fidelety  that  he  sail  nocht  mak  na  vtlandis  man  to  wit  no  laird  nor 
barroun  provest  nor  bailze  of  this  bru1.  nor  consent  thairto  in  no  tymis 
cuming  and  that  he  sail  nocht  resaue  no  vtheris  mannis  geir  into  his 
bwth  nor  his  awin  to  sell  thairinto  and  that  he  sail  obtein  ane  ruid  of 
land  within  this  bru1.  hcritabilly  to  him  self  within  zeir  and  day  vnder 
the  pain  of  tinsall  of  his  fredom  and  hes  fundin  George  Vauis  souerty 
and  cationer  that  he  sail  fulfill  the  samyn  and  also  to  scot,  lot,  taxt,  stent, 
valk,  vard  in  all  tymes  cuming  in  absens  of  the  said  James  for  the 
quhilkis  the  said  James  hes  payit  instantly  to  the  provest  ten  libs,  money 
in  part  of  payment  of  his  expensis  to  pas  to  Edinbrugh  as  Commissionar 
of  this  burgh  to  the  Parliament,  convention  of  burrows  and  assembly  of 
the  ministers  this  instant  moneth. 

The  borrow  court  of  the  burgh  of  Elgin  haldin  within  the  tolbuyth 
of  the  samyn  be  Johne  Rotherfuircl,  Thomas  Zoung  and  William  Hay, 
bail/.eis  thairof,  the  fyft  day  of  October  the  zeir  of  God  IM.  Vc.  fourscoir 
ane  zeiris. 

The  quhilk  day  it  is  statute  and  ordanit  be  the  provest,  bailzeis  and 
counsall  of  the  burgh  of  Elgin  that  all  maner  of  persone  within  the 
samyn  cum  euerie  Sonday  to  the  kirk  befoir  none  and  eftir  at  the  houris 
appointit  for  prayer  and  preching  befor  the  hyndmest  bell  be  done  and 
rung  and  thair  remane  quhill  the  preching  and  prayeris  be  done  vnder 
the  payne  of  tuelf  penneis  to  be  poyndit  for  ilk  tyme  thay  ar  absent  fra 
the  kirk. 

It  is  statute  and  ordanit  be  the  provest  and  bailzeis  foirsaidis  that  the 
saidis  bailzeis  sail  compeir  be  ten  houris  ilk  court  day  befoir  none  or  ony 
tua  of  thame  at  the  leist  as  thai  pleys  aggre  amangis  thame  selffis 
togiddcr  with  the  dark,  four  officiaris  and  dempstar  within  the  tolbuyth 
of  the  said  burgh  and  thair  to  remane  for  administratioun  of  justice 
quhill  tueff  houris  at  none  vnder  the  payne  of  aucht  schillingis  vnla  to 
be  poyndit  sa  oft  as  thai  salhappin  to  be  absent  at  the  hour  appointit  fra 
ilk  court  and  it  salbe  lesum  to  the  bailzeis  havand  speciall  occasioun 
quhairfoir  he  may  nocht  be  present  to  place  ane  uther  bailze  to  kcip 
court  for  him  in  his  place. 

Item  it  is  statut  that  the  poynt  of  best  aill  be  sauld  for  sax  penneis 


1581.]  BURGH  COURT   BOOK.  l6l 

and  the  warst  for  fyve  penneis  as  the  bailzeis  and  cunstaris  pleys  com- 
mand vnder  the  payne  of  deling  thairof. 

Item  it  is  statute  that  the  plak  breid  of  quhyt  be  baikin  sufficient 
breid  of  tuelf  vnces  trois  weycht  /  the  tua  pennie  breid  of  sex  vnce 
weycht  and  the  breid  of  aittis  to  be  baikin  for  tua  penneis  of  aucht 
vnces  weycht  /  and  na  breid  of  aittis  to  be  baikin  for  plakis  vnder  the 
payne  of  escheting  and  dailing  of  the  haill  breid  quhilk  thai  haue  for  the 
tyme  that  thay  ar  fund  contravenand  this  present  statute. 

Item  that  the  best  barkit  hyd  be  sauld  to  the  neboris  burgessis  and 
fremen  of  the  burgh  for  xxx  schillingis  monie  and  the  warst  for  tua 
markis  vnder  the  payne  of  fourtic  schillingis  to  be  tayne  of  thair  gudis 
and  geir  quha  will  nocht  sell  the  barkit  leddir  for  the  pryces  aboue  writtin. 

Item  that  the  best  pair  of  mennis  schone  be  sauld  for  thrie  schillingis 
and  wemennis  schone  for  tua  schillingis  /  bairnis  schone  of  saxtcin 
zeiris  of  aige  for  auchtein  penneis  /  and  of  tuelf  zeiris  aige  for  tuelf 
penneis  /  and  quhaeuir  refusis  to  do  the  samyn  sail  pay  aucht  schillingis 
for  ilk  tyme  thai  contravein  this  ordinance  and  that  na  persone  fre  nor 
onfre  within  this  burgh  karie  ony  barkit  leddir  vittouth  the  samyn  to  sell 
in  mercattis  or  vtherways  vnder  the  payne  of  eschetting  thairof  and 
breking  of  arreistment  except  that  euerie  barker  at  the  raising  of  his 
leddyr  fourtie  aucht  houris  befoir  his  passing  furth  of  this  town  with 
thair  leddyr  send  the  hand  bell  throch  the  town  and  charge  all  burgessis 
of  this  burgh  to  cum  to  thame  and  by  samekill  of  thair  leddyr  of  the 
townis  pryce  as  will  serue  for  thair  awin  turn  allanerlic  and  to  na  vtheris. 

Item  it  is  statute  and  ordanit  that  the  stane  of  scheip  talloun  be 
sauld  for  saxtein  s.  and  the  stane  of  nolt  talloun  for  fourtein  s.  /  and  that 
the  candilmakeris  mak  the  candill  thairof  of  ten  inche  and  ane  bar  corne 
thiknes  of  talloun  for  tua  penneis  /  the  plak  candill  of  tuelf  inche  lenth  / 
and  doubill  als  thik  of  talloun  /  and  that  no  candill  nor  talloun  be  tayne 
nor  careit  furth  of  this  burgh  to  sell  under  the  payne  of  escheting  the 
samyn  quhilk  is  apprehendit  gangand  furth  of  this  town  and  escheting 
the  candill  nocht  sauld  of  the  lenth  and  thiknes  foirsaid. 

Item  that  na  persone  within  this  burgh  frie  nor  onfrie  ressaue  wictuallis 
within  thair  housis  that  salhappin  to  cum  on  day  lycht  to  be  sauld  in  the 
mercat  /  bot  leiff  the  samyn  to  pass  to  the  mercat  quhill  it  be  sauld  /  and 
that  nane  be  sauld  within  houses  vnder  the  payne  of  saxtein  s.  for  ilk 
tyme  that  thai  salhappin  to  contravein  this  statute  and  that  na  mercat  be 

w 


162  RECORDS  OF  ELGIN.  [l581- 

maid  thairupon  bcfoir  the  hour  of  ten  /  and  that  nane  be  makaris  of  the 
pryces  of  wictuall  sellen  in  the  mercat  hot  fremen  or  thair  wyffis  and  na 
stallinger  to  mak  pryce  thairof. 

Item  that  na  cadger  salbe  licient  to  sell  or  karie  fysche  to  the  mercat 
except  the  fyscheris  themselffis  thair  wyffis  and  sic  as  ar  licient  be  the 
provest  or  bailzeis  and  that  na  maner  of  persone  hous  ony  fysche  except 
the  samyn  cum  to  the  town  within  nicht  vnder  the  payne  of  escheting 
thairof  and  that  na  flescher  nor  vther  persone  cowp  fysche  to  be  sauld  be 
thame  mair  nor  staikis  thair  awin  hous  vnder  the  payne  foirsaid. 

Item  it  is  statute  and  ordanit  that  all  guidis  and  geir  poyndit  and 
distrenzeit  be  the  tennor  of  the  provest  and  bailzeis  actis  and  decrettis 
of  this  burgh  be  prysit  and  rowpit  at  the  mercat  croce  on  the  seuerall 
mercat  days  be  the  officiar  quha  poyndis  the  samyn  conform  to  the 
tennour  of  the  actis  deliuerit  to  him  and  make  pennie  thairof  /  and  gif 
ony  officiar  delays  to  put  actis  to  exccutioun  within  xxiiij  houris  eftir  the 
samyn  be  deliuerit  to  thame  and  complent  maid  upon  thame  for  delaying 
to  execute  the  samyn  it  salbe  lesum  to  the  bailze  quhom  to  the  complent 
is  maid  to  command  ane  uther  officiar  to  waird  the  officier  delayer  to  put 
the  saidis  actis  and  decrettis  to  exccutioun  within  the  tolbuyth  of  this 
burgh  thairin  to  remane  ay  and  quhill  he  caus  ane  uther  officiar  put  the 
samyn  to  executioun  upon  his  expcnsis  and  ilk  persone  that  refusis  to  pas 
with  the  officiaris  to  comprys  ony  guidis  or  geir  poyndit  quhowsone  thai 
salhappin  to  be  chargit  be  ony  officiar  sail  pay  for  thair  disobeying  of  the 
charge  aucht  s.  vnlaw  the  officiar  complening  thairupon  and  lauchfullie 
preving  that  thai  disobeyt  his  charge  foirsaid. 

Item  that  the  pek  of  hors  come  be  sauld  be  the  stabilleris  for  tuelf 
penneis  vnder  the  payne  of  aucht  s.  vnlaw. 

Item  it  is  statute  and  ordanit  that  na  baxter  baik  ony  breid  within 
thair  owins  quhill  thai  ressaue  thair  peys  and  wcychtis  fra  the  provest 
and  bailzeis  for  baiking  thair  breid  of  the  wechtis  conform  to  the  statutis 
maid  thairanent  and  ordanis  all  the  baxteris  and  thair  owins  within  this 
burgh  be  arreistit  ay  and  quhill  they  cum  and  ressaue  the  saidis  weychtis 
to  the  effect  foirsaid. 

Item  that  all  flescheris  in  burgh  or  land  present  thair  haill  fleschis  to 
the  mercat  haill  oncuttit  in  the  rig  or  ony  vther  part  except  ane  cutt 
vpoun  the  schulder  onspoilzeit  or  blawin  with  the  skyn,  talloun  and  hyd 
wanten  the  feitt  thairof  and  that  thai  hald  nane  of  thair  fleschis  within 


I58l.]  BURGH  COURT   BOOK.  163 

thair  buythis  eftir  the  hour  of  nyne  hot  put  the  samyn  to  the  mercat 
befoir  the  said  hour  be  strekin  /  and  that  thai  sell  nane  thairof  vnto  the 
tyme  thair  haill  fleschis,  skyn,  talloun  and  hyd  be  sycht  be  the  bailzeis 
and  pryseris  of  flesche  appointit  to  that  effect  vnder  the  payne  of 
escheting  the  haill  flesche,  talloun,  skyn  and  hyd  nocht  presentit  as  said  is. 

Item  it  is  statut  and  ordanit  for  keiping  of  guid  order  of  all  the 
statuttis  maid  within  this  burgh  that  the  four  bailzeis  and  officiaris  keip 
the  tua  mercat  days  ouklie  within  this  burgh  for  the  space  of  ane  zeir  or 
ony  tua  or  ane  of  the  saidis  bailzeis  with  the  four  officiaris  and  pryseris 
of  flesche  as  it  sail  pleys  the  bailzeis  appoynt  amangis  thame  selffis  to 
that  effect. 

Item  that  na  stallinger,  man  or  woman,  within  this  burgh  brew  or 
baik  in  ony  tyme  cuming  heirefter  quhill  thai  cum  to  the  provest,  bailzeis 
and  counsall  of  this  burgh  /  and  set  souertie  that  thai  sail  keip  and 
obserue  all  the  statutis  maid  within  'this  burgh  in  all  tymcs  coming  and 
that  thai  sail  set  sourtie  to  pay  threttein  schillingis  four  penneis  monie 
zeirlie  for  thair  zeirlie  libertie  within  this  burgh. 

It  is  statut  and  ordanit  that  na  stallinger  within  this  burgh  sail  haue 
libertie  to  brew  or  to  vse  ony  vther  siclyk  tred  of  handling  and  deling 
within  this  burgh  unto  the  tym  it  is  knawin  be  the  provest  and  bailzeis 
and  counsall  thairof  that  thai  haue  of  frie  guidis  and  geir  perteining  to 
thame  selffis  worth  the  sowm  of  tuentie  pundis  mony.  Item  that  na 
stallinger  browstar  within  this  burgh  sail  to  ony  landwart  persone 
vttouth  the  samyn  ony  draff  in  na  tymes  cuming  vnder  the  paync  of 
escheting  the  draff  that  is  apprehendit  passing  furth  of  this  town  to  ony 
landwart  persone  and  depryving  of  thame  quha  sellis  the  draff  fra 
brewing  within  this  burgh  whairupon  the  browstaris  salbc  haldin  to  mak 
thair  ayth. 

Item  that  na  persone  within  this  burgh,  fre  nor  onfre,  pretend  in  ony 
tyme  cuming  to  cast  faill,  fewall  or  dowat  within  the  moss  betuix  the 
burn  of  Tayok  and  the  croft  endis  /  or  zeit  hoik  or  fla  the  samyn  in  ony 
kynd  sort  in  na  tymes  cuming  vnder  the  payne  of  xl  s. 

Item  that  na  persone  of  the  counsall  of  this  burgh  speik  or  requeist 
in  fauoris  of  ony  persone  that  contravcnis  ony  of  the  statutis  maid  within 
this  burgh  in  na  tymes  cuming  vnder  the  payne  of  depryving  of  the 
requestar  of  the  counsall. 

Item   that   na   freman   nor  vnfreman  or  woman  within  this   burgh 


164  RECORDS  OF  ELGIN.  [1581-2. 

ressaue  ony  freman  or  vnfreman  seruandis  into  ther  housis  to  gif  thame 
meit  or  drink  in  na  tymes  cuming  betuix  the  houris  of  sax  eftir  none 
and  sax  in  the  morning  vnder  the  payne  of  xl  schillingis  for  the  first 
tyme  /  four  pundis  for  the  secund  tyme  /  and  for  the  thred  tyme  the 
freman  to  tyn  his  fredom  for  the  space  of  ane  zeir  and  the  vnfreman  or 
woman  to  be  dischargit  of  ony  brewing  for  the  space  of  ane  zeir. 

October  3Oth. — James  Thomson  [was  served  heir]  to  his  fader  who 
deit  the  .  day  of  September  the  zeir  of  God  IM.  Vc.  fourtie  sevin  zeris 
in  the  feild  of  Pynkie  in  and  to  ane  foirbuyth  of  land  vpoun  the  south 
syd  of  the  burgh  betuix  the  get  that  passis  to  the  freiris  minoris  uther- 
wayis  callit  the  Grey  freiris  at  the  eist  part  and  the  buyth  of  the  airis  of 
vmq".  Andrew  Froster  at  the  west  part. 

November  2Oth. — William  Chalmer  wes  decernit  to  pay  to  William 
Dollas  the  damnage  and  skaith  quhilk  he  hes  sustenit  through  the 
insufficiencie  of  ane  half  pund  bowkaill  seid  quhilk  the  said  William 
sauld  to  him  and  promisit  to  warrand  the  samyn  to  the  said  William 
Dollas  sufficient  bowkaill  seid  grew  bot  bastard  and  reid  kaill. 

December  nth.  • — Johnc  Anderson  judiciallie  renuncit  his  clame 
against  Wm.  Tarras,  naturall  sone  to  Sir  James  Tarras  vicar  of  Narn. 


1581-2. 

25th  January. — Jhone  Annand,  provest,  and  Villiam  Gibson,  burges, 
becom  souertcis  for  Marjory  Cuming,  moder  to  the  said  William  Gibson 
that  scho  in  na  times  to  cum  sail  ring  bessingis,  brassin  nor  irn  morteris, 
nor  na  vther  materiall  veschill  within  this  burgh  upon  Vphelly  ewin  and 
that  scho  sail  cum  to  the  preching  or  prayaris  ilk  Sonday  quhen  scho  ma 
be  lassart  being  within  this  bru1.  vnder  the  pain  contenit  in  the  actis  of 
Parliament  thairanent. 

February  5th. — Statutum  pro  Sabbato.  The  quhilk  day  the  provest, 
bailzeis  and  counsall  and  communite  of  the  burgh  of  Elgin  present  for 
the  tyme  hes  statut  and  ordanit  that  all  persones  inhabitantis  within  this 
burgh  cum  euerie  Sonday  to  the  kirk  befoir  the  third  or  last  bell  be  rung 
to  prayer  or  preching  befoir  and  eftir  nowne  and  thair  remane  quhill  the 
preching  or  prayaris  be  done  and  that  na  maner  of  person  within  this 
burgh  pretend  to  vse  tavernrie  off  meit  and  drink  selling  of  ony  sort  of 


1581-2.]  BURGH  COURT  BOOK.  165 

merchandreis  nor  be  fund  wagand  and  going  throch  the  gettis  and  streittis 
of  this  burgh  or  occupeit  in  ony  kynd  of  pastym  in  tyme  of  preching  and 
diwyn  seruice  vnder  the  payne  of  tua  schillingis  monie  to  be  poyndit  of 
all  personis  readiest  guidis  and  geir  quha  ar  fund  contraveneris  of  this 
present  statut  to  be  furthcumand  to  the  officiar  executor  of  the  present 
statute  the  uther  half  to  be  furthcumand  ad  pios  usus. 

Item  it  is  statut  and  ordanit  with  consent  of  the  provest,  bailzeis, 
counsall  and  comunitie  foirsaid  that  na  maner  of  persone  pretend  in  ony 
tyme  cuming  to  big  or  sett  on  and  byrne  fyris  in  this  town  upon  the 
kingis  grace  hie  get  thairof  on  Sanct  Johne  or  Sanct  Peteris  ewin, 
mydsymer,  ruid  or  Sanct  Nicolas  ewin  or  day,  or  ring  bassings,  bellis  or 
ony  vther  kynd  of  bressin  veschellis  or  mettalis  vsit  of  auld  on  Vphellie 
evin  nor  pas  in  pilgramage  to  our  Ladie  of  Grace  to  the  wall  callit 
Crystis  vail  in  Strethdone  nor  to  na  vther  pilgramage  vnder  the  payne 
contenit  in  the  actis  of  parliament  maid  thairanent  and  reputing  and 
holding  thame  as  manifest  idolaters. 

February  igth. — John  Beig,  tailzour  in  Elgin,  wes  ordanit  to  pay  to 
William  Jamesone,  tailzour  thair  sax  schillingis  monie  for  the  making  of 
ane  mandeill  coit,  item  thre  schillingis  for  the  schewing  of  ane  blak 
bombasie  dowblet  to  Patrik  Lesly  at  his  command,  Item  for  the  schewing 
of  ane  mandeill  to  Patrik  Dunbar  of  Blery  thre  s.  Item  fyve  schillingis 
for  the  schewing  of  ane  blak  bombasie  doublet  to  James  Sutherland, 
broder  to  the  laird  of  Duffous  /  item  thre  schillingis  four  penneis  for  ane 
sluch  of  clais  to  Johne  Innes  sumtym  in  Reidhall  /  Item  three  s.  four  d. 
for  ane  pair  of  breikis  and  tua  pair  of  schankis  to  Robert  Lesly  in 
Findressy  /  Item  fyve  s.  for  ane  doublet  to  Robert  Lesly  in  the  glen  / 
Item  four  s.  for  ane  sluch  of  claithis  to  William  Pattoun  Item  for  the 
schewing  of  ane  doublet  to  Thomas  Fraser  at  the  Miln  of  Elgin  thre 
schillingis  /  Item  annent  Mr.  James  Gardin  xij  d.  /  Item  for  the  schewing 
of  ane  pair  of  schankis  to  the  guidman  of  Galdwall  aucht  penneis  /  Item 
sax  schillingis  aucht  penneis  for  the  pair  of  schankis,  tua  pair  of  breikis 
and  ane  pair  of  buffingis  to  the  Laird  of  Loquhaber  /  Item  for  ane  pair 
of  brekis  to  Wm.  Zoung  xij  d.  /  Item  for  the  peisyng  of  tua  pair  of 
schankis  to  George  Grant,  broder  to  the  Laird  of  Ballindallach  xij  d.  / 
Item  for  ane  pair  of  breikis  and  schankis  mending  to  the  captain  of  the 
Egiptians  aucht  penneis.  Item  for  ane  sluch  of  clais  to  the  provest 
ij  schillingis  /  Item  for  ane  pair  of  brekis  and  ane  cluk  to  the  suddene  of 


166  RECORDS  OF   ELGIN.  [1582. 

Murray  xij  penneis  extending  in  the  haill  to  the  sowm  of  fourtie  nyn 
schillingis  aucht  penneis  quhilk  sowm  the  said  Johne  wes  ordanit  to  pay 
to  the  said  William  within  xv  days. 


1582. 

April  2nd. —  The  feing  of  James  Cowe,  pundler,  for  helping  of  the 
coruis  of  the  crop  1582.  James  Cowe  judicialie  acceptit  the  office  of 
pundlarschip  upon  him  and  maid  his  faith  to  vse  the  said  office  lelelie 
and  trewlie  quhill  the  cornis  of  this  present  crop  of  fourscoir  tua  zeiris 
be  wyn  and  innit.  It  is  statut  that  na  persone  trubill  or  molest  the 
pundlar  be  word  or  deid  for  poynding  or  taking  of  thair  guidis  for  the 
skayth  quhilk  thair  guidis  salhappin  to  do  in  ony  neboris  cornis  under 
the  payne  of  tuentie  schillingis. 

October  1st. — Curia  capitalis  tenta  in  choro  ecclesie  parochialis  burgi 
de  Elgin.  Absentis :  The  Abbot  of  Kinloss,  Alexander  Gordon  of 
Baldorny,  Johne  Ros  of  Ballivat,  Margaret  Glassinwrycht,  Mr.  Martein 
Logic,  Our  Ladie  Chapland  of  Sanct  Gelis  kirk,  the  prior  of  Blak 
Freiris,  the  Abbot  of  Arbroth,  the  vicar  pensionar  of  Elgin  &c. 

The  quhilk  day  the  bailzeis,  counsall  and  comburgessis  hes  votit  and 
elcctit  Johne  Annand,  provest,  Thomas  Zoung,  William  Hay,  William 
Ilardie  and  William  Gibsone,  bailzeis;  Thomas  Hay,  Alexander  Annand, 
James  Gutherie  and  Sir  Johne  Gibsone,  clarkis  ;  Charles  Gray,  Andrew 
Layng,  officiaris  and  Gilbert  Gaderar,  demstar,  quha  maid  thair  aithis  of 
fidclitie  for  leill  and  trew  vsing  of  thair  offices  for  the  space  of  ane  zeir. 
Nomina  communis  consilii : — The  provest,  the  four  bailzeis,  Wra.  Gaderar, 
Thomas  Wmfray,  elder,  Thomas  Robertsone,  Thomas  Mill,  Alexr.  Thom- 
sone,  Alexr.  Gutherie,  Thomas  Hay  and  Johne  Rotherfuird.  Lyneris : — 
William  Auldcorn  [and  eight  others]  with  ane  of  the  bailzeis.  Pryseris 
of  flesche :  Nicolas  Vrvell  [and  seven  others]  with  ony  ane  bailze  and 
tua  officiaris.  Cunstaris  :  Blaes  Alwes  [and  seven  others]. 

It  is  statute  that  all  personis  cum  euerie  Sonday  to  the  kirk  befoir 
none  and  eftir  none  vnder  the  pane  of  tua  s.  for  ilk  tyme  thai  ar  absent 
except  ane  lauchfull  impediment. 

It  is  statute  that  the  galloun  of  aill  be  sauld  for  tua  schillingis  aucht 
penneis  be  all  browstaris  inhabitants  within  the  said  burgh  and  that  na 


1582.]  BURGH   COURT  BOOK.  167 

browstar  within  this  burgh  refuis  to  sell  the  aill  to  all  our  souerane  Lord 
the  kingis  grace  legis  salang  as  thai  haue  ony  within  thair  hous  except 
ane  half  galloun  to  be  keipit  to  thair  awin  drink  under  the  pane  of  deling 
the  haill  aill  quhilk  thai  haue  for  the  tyme  quha  contravenis  this  present 
statute. 

Item  it  is  statute  and  ordanit  that  na  plak  breid  be  baikin  within  this 
burgh  for  the  space  of  ane  zeir  nether  of  quhyt  nor  aittis  vnder  the  pain 
of  deling  thairof  and  siclyk  that  the  breid  of  quhyt  be  baikin  sufficient 
breid  of  nyn  vnce  trois  wecht  for  tua  penneis  and  lykways  that  the  breid 
of  aittis  be  baikin  sufficient  breid  of  tueff  vnce  wecht  for  tua  penneis 
vnder  the  pain  of  deling  of  the  haill  breid  quhilk  thai  haue  for  the  tymc 
thai  contravein  this  statut. 

Item  that  the  pek  of  hors  corne  be  sauld  be  the  stabilleris  for  fyvetein 
penneis  and  the  stabiller  tak  bot  ane  penny  for  the  stabill  fie  of  ane  hors 
be  the  space  of  xxiiij  houris. 

It  is  statut  that  na  maner  of  persone  fre  nor  onfre  ressave  ony 
wictuallis  within  thair  housis  quhilk  salhappin  to  cum  to  this  burgh 
ondaylicht  to  be  sauld  in  the  mercat  bot  that  thai  leiff  the  samyn 
victualis  to  pas  to  the  mercat  quhill  the  samyn  be  sauld  thair  and  that 
nane  be  sauld  in  housis  under  the  pain  of  saxtein  schillingis. 

Item  that  the  best  barkit  hyd  be  sauld  for  threttie  schillingis  monie 
and  the  werst  for  tua  markis. 

Item  that  the  best  pair  of  mennis  schone  be  sauld  for  thrc  schillingis 
and  sax  penneis  and  womenis  schone  for  tua  s.  aucht  d. 

Na  persone  to  cast  fewall,  faill  or  dowet  within  the  moss  of  Elgin 
betuix  the  burne  of  Tayok  and  the  croft  endis  or  zeit  hoik  or  fla  the 
said  mos. 

Item  that  all  guidis  and  geir  poindit  by  order  of  the  provest  and 
bailzeis  be  rowpit  at  the  mercat  croce. 

October  22nd. — Cristen  Makzane  wes  decernit  to  pas  to  the  stepill 
and  thair  to  remane  in  ward  for  the  space  of  tuentie  four  houris  and  to 
compeir  on  Sonday  nixt  within  the  paroche  kirk  of  Elgin  vpoun  the 
stuill  of  repentence  and  thair  ask  Thomas  Rechardsone  forgiffnes  and 
that  for  the  wyll  and  vitious  blasphematioun  vsit  be  hir  towartis  the  said 
Thomas  without  ony  offence  maid  be  him  to  hir  bot  for  passing  at  the 
command  of  tua  bailzeis  in  compane  with  thame  and  the  cunstaris  of 
Elgin  through  this  town  to  cun  and  because  the  said  Thomas  said  her 


168  RECORDS  OF   ELGIN.  [l582- 

aill  wes  deir  aneuch  of  ane  plak  the  pynt  callit  him  Reisky  caril  /  scho 
wald  leiff  to  sie  his  bairnis  beg  thair  meit  /  he  culd  cun  sowannis  better 
nor  aill  fooll  swoin  carle  that  he  wes  /.  Scho  is  dischargit  fra  brewing 
quhill  scho  obtenit  new  libertie  fra  the  provest,  bailzeis  and  counsall. 

November  5th.— Marjorie  Baxter  wes  dischargit  fra  brewing  for  ane 
zeir  becaus  scho  confessit  scho  hed  not  of  hir  awin  proper  guidis  and 
geir  worth  the  sowm  of  tuentie  pundis  monie. 

William  Campbell  [and  four  others]  wer  admittit  common  baxteris 
within  this  burgh  for  serving  thairof  for  the  space  of  ane  zeir. 

November  I2th. — Clame  of  William  Fargusone,  chirurgian  in  Elgin, 
against  John  Anderson  duelland  in  Morthlik  for  four  libs,  monie  togidder 
with  tua  stanis  of  cheis  and  ane  stane  of  butter  quhilk  the  said  John 
promised  befoir  for  heling  of  him  in  the  heid,  face  and  uther  parts  of  his 
body  of  many  greitt  vlcers.  [The  claim  allowed.] 

November  I9th. — William  Hay.  baxter,  wes  ordanit  to  pay  to  his 
servand  fourtein  schillingis  monie  with  ane  pair  of  auld  brekis  and  ane 
auld  sark  and  failzeand  of  saidis  auld  brekis  and  sark  sax  schillingis 
aucht  penneis  monie  in  payment  of  his  fie  and  buntaye. 

November  26th. — Patrick  Lesly,  commendator  of  Lyndores  [pursues] 
Walter  Innes  for  the  sowm  of  aucht  pundis  for  his  Witsonday  and 
Martimes  maill  of  the  zaird  of  Pettindreich  within  Elgin,  and  siclyk 
Achilles  Grciff  for  fourtie  schillingis  for  the  annuall  of  the  landis 
adiaccnt  to  Barrald  Collcis  land  alsua  George  Chaplein  for  tuentie  sevin 
bollis  tua  firlottis  victual!  togidder  with  tuelf  pultrie  for  the  ferme 
pultrie  of  the  landis  of  Estir  Brownhillis  for  tua  zeiris. 

December  loth. — Alexander  Boynd  and  James  Douglas  wer  creat 
commissioners  for  poinding  absents  fra  kirk  with  powar  to  poind  and 
uptak  fra  ilk  persone  quha  salhappin  to  be  notit  absent  fra  prayer  or 
preching  befoir  or  eftir  none  euerie  Sonday  the  sowm  of  tua  schillingis 
of  thair  reddiest  guidis  and  geir  to  be  furthcumand  ad  pios  vsus. 

Actioun  persewit  be  Sir  Johne  Gibsone  persone  of  Vnthank  as 
chalmerlan  to  George,  bischope  of  Murray,  contrar  James  Rynd  in 
Spynie  for  maillis  of  the  brewland  of  Spynie  and  saxtein  part  of  the 
town  and  landis  of  Spynie  for  cropis  1573  and  1574.  The  said  James 
and  his  fader  ves  in  vse  of  payment  of  fourtie  s.  zeirlie  for  the  brewland 
and  sax  s.  thre  d.  for  ane-saxteint  part  of  the  town  and  landis  of  Spynie 
to  the  bischope  of  Murray. 


1582-3.]  BURGH  COURT  BOOK.  169 


1582-3. 

January  7th. — Archibald  Kemp  in  Brownsyd  wes  arreistit  to  have 
remanit  within  the  queir  of  the  paroche  kirk  of  Elgin  as  tolbuith  of  the 
samyn  for  the  tyme  in  defalt  of  ane  sufficient  tolbuith  ay  and  quhill  he 
had  relevit  William  Auldcorne,  burges  of  Elgin,  of  the  sowm  of  tuentie 
thre  libs,  fyve  schillingis  at  the  handis  of  Thomas  Robertsoun. 

January  I4th. — Jannct  Andersone,  spous  to  Alexander  Smyth,  flescher, 
wes  decernit  to  pay  to  Elspet  Kanzeoch  nyn  s.  four  d.  for  hir  labour  done 
to  the  said  Jannet  be  the  space  of  tuentie  days  in  spynning  at  the  quheill 
and  for  the  pryce  of  ane  pund  of  woll  lent  be  the  said  Elspeth. 

February  i8th. — William  Cuik  wes  decernit  to  dcliuer  to  William 
Stewin  tua  Spainze  beidis. 

Comperit  James  Annand,  burges  of  Elgin,  and  thair  resignit  in  the 
handis  of  Thomas  Zoung,  ane  of  the  bailzeis  of  the  said  burgh  ane 
auchten  part  of  land  than  perteining  to  the  said  James  and  sumtym 
perteining  to  Johne  Innes  alias  Lang  Johne,  lyand  within  the  greschip 
and  territorie  of  the  burgh  of  Elgin  be  staff  and  bastoun,  as  use  is,  in 
fauoris  of  Alexander  Pringill,  burges  thair,  reseruand  the  lyfrent  thairof 
to  Gelis  Gardin,  spous  to  the  said  John  Innes  for  all  the  days  of  his 
lyftym,  quhilk  bailze  conform  to  the  said  resignatioun  maid  in  his  handis 
as  is  aboue  writtin  with  expres  consent  and  assent  of  the  provest, 
bailzeis,  counsall  and  communitie  of  the  said  burgh  present  for  the  tyme 
gef  assignatioun  of  the  said  auchten  part  of  land  to  the  said  Alexander 
Pringill  his  airis  and  assignes  be  deliuerance  of  ane  officiaris  wand,  as  vse 
is,  reservand  as  said  is,  for  the  quhilk  the  said  Alexander  Pringill  instantlie 
payit  and  deliuerit  tuenty  schillingis  monie  for  his  entres  siluer  of  the 
said  auchten  part  of  land  quhilk  wes  putt  in  the  cadget,  vpoun  the 
quhilkis  the  said  Alexander  desyrit  act  of  court  and  instrument. 

February  2Oth. — Thomas  Smyth,  merchand  burges  of  Elgin,  wes 
decernit  to  pay  to  William  Innes,  burges,  the  sowm  of  fourty  aucht 
gudlingis  Flanderis  monie  extending  to  the  sowm  of  fourtie  pundis 
Scottis  as  it  cums  to  sax  gudlingis  for  ilk  pund  greit,  quhilk  pund  greit 
extendis  to  fyve  libs.  Scottis  monie  for  the  pryce  of  tua  barrellis  salmond 
fysche  send  be  the  said  William  Innes  with  him  to  Flanders. 

x 


170 


RECORDS  OF  ELGIN.  [l582-3- 


The  provest,  bailzeis  etc.  hes  ordanit  that  na  owtlandis  flescher  hald 
buyth  within  this  burgh  in  ony  tyme  to  cum  or  slay  ony  flcsche  at  the 
skemils  or  att  ony  uther  part  of  this  burgh  except  on  the  tua  mercat 
dayis  viz.  Wcdinsday  and  Settirday  under  the  pain  of  xl  s.  Na  maner 
of  persone,  chapman  or  mcrchand  vnfrieman  within  the  said  burgh  sail 
hald  oppin  buyth  within  the  samyn  and  sell,  by  or  cop  ony  kynd  of 
mcrchandeis  except  as  the  lawis  of  the  realm  leivis,  to  wit,  upon  com- 
mond  and  public  mercat  days  and  the  tua  weiklie  mercat  dayis  of  this 
burgh. 

March  4th. — George  Skaidkaill,  cordiner  in  Elgin,  wes  decernit  and 
ordanit  to  cum  to  the  provest  of  the  burgh  of  Elgin  betuix  this  and 
Sonday  nixt  and  offer  and  present  to  the  provest  his  quhynger  and  put 
the  samyn  in  his  will  to  be  keipit  be  him  or  utherwayis  to  be  affixit  at 
his  will  and  pleysour  in  sum  public  place  and  thair  to  remane  perpetualie 
at  the  provestis  pleysour.  Siclyk  the  said  George  and  Elspet  Boynd  his 
spous  wes  decernit  and  ordanit  to  compeir  on  Sonday  nixt  viz.  the  tent 
day  of  Marche  instant  within  the  paroche  kirk  of  Elgin  vpon  the  stuill 
of  repentens  befoir  the  minister  in  tyme  of  preching  befoir  none  and 
thair  in  presens  of  God  and  the  congregatioun  present  for  the  tyme  ask 
Patrik  Rattray  and  Jannet  Fentoun  his  spous  forgiffnes  and  that  for  the 
manising  of  the  said  Patrik  with  ane  drawin  quhynger  in  presens  of  the 
provest  within  the  provestis  clois  upon  the  28  day  of  Januar  last  bypast 
and  also  for  the  sindrie  and  diueris  iniurius  wordis  and  blasfimie  giffin  be 
the  said  George  and  his  said  spous  to  the  said  Patrik  and  his  spous  upon 
the  xxix  day  of  Januar  forsaid  vnder  the  pain  of  ten  pundis  monie  to  be 
payit  to  the  commond  guid  of  the  said  and  tuentie  pundis  monie  to  be 
payit  to  the  said  Patrik  within  xv  days. 

March  nth. — William  Hardie,  souertie  for  Patrik  Lesly,  servitor  to 
ane  honorabill  man  Maister  Thomas  Gordoun,  broder  german  to  wmquhill 
ane  nobill  and  potent  lord  wmquhill  George,  Erie  of  Huntlie,  anent  the 
allcgit  trubling  of  the  town  and  svmbesetting  William  Gibson,  ane  of  the 
bailzeis  of  the  burgh. 

March  23rd. — Achilles  Greiff,  Henry  Stevinis  wyff  [and  twenty  two 
others]  wer  decernit  in  ane  unlaw  of  135.  4d.  for  non-payment  of  thair 
stallinger  siluer.  Blais  Alwes,  Thomas  Ga  [and  eight  others],  cordineris 
and  baxteris,  wer  decernit  in  ane  unlaw  of  133.  4d.  for  contravening  the 
statutis  of  this  burgh  and  breking  an  arrestment  in  working  sen  the  last 


1582-3.]  BURGH   COURT  BOOK.  17! 

day  of  Januar  but  licence  grantit  and  giffin  them  to  work  be  the  provest, 
bailzeis  and  cousall.  Elspet  Peddir  [and  six  others],  stallingeris,  wer 
chargit  to  remane  in  ward  within  the  paroche  kirke  of  Elgin  ay  and 
quhill  thay  and  ilk  ane  of  thame  content  and  pay  to  Mr.  James  Garden, 
collector  of  the  burgh  of  Elgin,  133.  4d.  for  thair  stallinger  siluer. 
Thomas  Air  [and  five  other  cordiners]  wer  chargit  to  remane  in  waird 
within  the  paroche  kirk  of  Elgin  ay  and  quhill  souertie  wer  set  be  thame 
and  ilk  ane  of  thame  for  keiping  of  the  statutis  of  this  burgh.  Richard 
Warden  with  consent  of  the  provest,  bailzeis,  consall  and  comburgessis 
of  the  burgh  of  Elgin  wes  admittit  and  sworn  burges  and  freman  as 
burges  vsis  to  be  sworn  the  tyme  thai  ar  admittit  fremen  and  burgcssis 
within  the  burrows  of  this  realm  quha  payit  thairfor  tua  markis  monie 
togidder  with  133.  4d.  for  his  stallinger  siluer. 

Marion  Anderson,  spous  to  Gilbert  Gaderar,  belman  in  Elgin,  [claims] 
53.  4d.  for  meit  and  drink  giffin  to  Isobell  Zoung,  dochter  to'  vmquhill  Sir 
William  Zoung,  sumtyme  chapland  within  the  cathederall  kirk  of  Murray. 
[Claim  allowed.] 

Archibald  Annand  wes  ordanit  to  be  put  in  ward  in  the  stepill  of  the 
paroche  kirk  of  Elgin  to  remane  till  he  mak  compleit  payment  of  the 
sowm  of  xiv  merkis. 

1583- 

April  8th. —  The  feing  of  James  Cowe,  pundlar,  for  keiping  of  the 
cornis  of  the  crop  and  zeir  of  God  1583.  The  quhilk  day  James  Cowe, 
induellar  in  Elgin,  judicialie  acceptit  the  office  of  pundlerschip  upon  him 
quha  maid  his  faith  to  vse  the  said  office  lelelie  and  trewlie  quhill  the 
cornis  of  this  present  crope  of  the  zeir  of  God  1583  be  schorne  and  innit. 

April  1 5th. — Valter  Hay,  goldsmith,  burges  of  Elgin,  becom  actit  to 
deliuer  to  William  Hay,  burges  thair  in  name  and  behalf  of  Maister 
George  Hay,  persone  of  Rathven,  ane  siluer  saltfalt  contenand  the  wecht 
of  fyve  vnces  sufficientlie  maid  and  wrocht  betuix  the  dait  of  this  present 
act  and  the  feist  of  the  Trinitie  day  nixtocum  viz.  xxvij  day  of  May, 
quhilkis  failzeand  to  pay  to  the  said  William  Hay  in  name  and  behalf  of 
the  said  Mr.  George  fourtie  s.  for  ilk  vnce  wecht  of  the  said  fyve  vncis 
siluer  extending  to  the  sowm  of  ten  pundis  usuall  monie  of  Scotland, 
and  William  Hay  to  pay  to  the  said  Walter  Hay  fyve  s.  for  the  wark- 
manschip  of  ilk  vnce  of  the  saidis  fyve  vncis  siluer. 


RECORDS  OF  ELGIN. 

April  29th. — The  burrow  court  haldin  within  the  queir  of  the  paroche 
kirk.  Margaret  Sutherland,  relict  of  vmquhill  Thomas  Myll,  skynner, 
sumtyme  burges  of  Elgin,  now  spous  to  Alexander  Elleis,  burges,  and 
the  said  Alexander  for  his  interes  wes  decernit  to  deliuer  to  William 
Myll,  sone  and  air  to  the  said  vmquhill  Thomas  Myln  and  to  Johne 
Myln  burges  thair,  the  said  William  Mylnis  curator  for  his  interes,  all 
and  sindrie  the  points  of  airedome  guidis  and  geir  perteining  to  the  said 
William  be  the  deceis  of  his  said  vmquhill  fader  viz.  ane  siluer  pece, 
tuelf  siluer  spounis,  ane  airedome  ox,  ane  pleuch,  plewch  yrons  and  zoikis 
of  the  samyn,  ane  brewing  caldrown,  the  best  pan,  the  best  bressin  pott, 
ane  posnet  pot,  ane  pair  pott  bowls,  ane  tangis,  ane  irn  cruik,  ane  irn 
brander,  ane  irn  ladill,  ane  speyt,  ane  irn  rax,  ane  peuter  plait,  ane  peuter 
trunschour,  ane  burdclaith  or  towall,  ane  seruiat,  ane  wesching  towall  or 
hand  towall,  ane  chandler,  ane  gardein  alias  ane  rowndell  of  bress,  ane 
tyn  quart  stoup,  ane  tyn  pynt  stoup,  ane  cart,  ane  sled,  ane  pair  of 
harrowis,  ane  spaid,  ane  schoill,  ane  mukfork,  ane  barrow,  the  best  meit 
buird  with  the  trcst  or  furmes  thairof,  ane  cussing,  ane  bassing,  ane 
peppircornis,  ane  taiffill,  ane  baikbreid  or  baiking  stooll,  ane  girdill,  ane 
weschell  buird,  ane  masking  fatt,  ane  wortfatt,  ane  flesche  fatt,  ane  wort- 
tub,  ane  sa,  ane  baby,  ane  aill  stand,  ane  standen  bed,  ane  feddir  bed,  ane 
langsaidill,  ane  pair  of  blankettis,  ane  pair  of  scheittis,  ane  pair  of  coddis, 
the  best  bed  cowering,  ane  pair  of  heid  scheittis,  ane  pair  of  curtingis, 
ane  battering  studdy,  ane  almyng  tub,  ane  pair  of  woll  ballancis,  ane 
schaiping  buird,  ane  press,  ane  meit  almerie,  ane  chair,  ane  mekill  kist, 
ane  sword,  ane  jak,  ane  knappscull,  ane  javelling,  ane  quhinger  with  the 
furnisit  scheitis. 

May  loth. — Thomas  Purs,  wobstar  in  Elgin,  becom  actit  to  work  and 
wyff  to  Patrik  Rattray  tuentie  hand  plaidis  togidder  with  tua  hunderith 
elnis  quhyt  cleyth  of  thre  quarter  breid  quhan  the  samyn  is  waikit  befor 
he  wyff  ony  uther  wark  to  ony  uther  persone  except  to  the  Magistrates 
or  heidmen  of  the  burgh  for  the  quhilk  the  said  Patrik  becom  actit  to 
pay  to  the  said  Thomas  the  sowm  of  fourtie  pundis  for  the  wywing  of 
the  saidis  tuentie  hand  plaidis  togidder  with  the  sowm  of  ten  pundis  for 
the  wywing  of  the  tua  hunderith  elnis  quhyt  cleyth. 

June  loth. — It  is  statut  and  ordanit  for  detfull  obedience  to  be  hed 
concerning  the  keiping  of  the  kirk  and  serving  of  the  word  of  God  upon 
Sonday  that  ilk  Sonday  heireftir  tua  of  the  personis  following  viz. 


1583-4-]  BURGH   COURT  BOOK.  173 

Thomas  Zoung  etc.  sail  convein  at  sax  houris  in  the  morning  and  gif 
attendance  to  the  mercat  swa  that  the  personis  hawand  geir  to  sell  and 
thair  guidis  and  geir  sic  as  salhappin  to  be  unsauld  sal  remoue  themselffis 
with  thair  said  guidis  and  geir  unsauld  furth  of  the  mercat  place  and 
calsay  befoir  nyn  houris  befoir  noyne  vnder  the  payne  of  escheting  of 
the  samyn  and  alsua  fra  the  begyning  of  the  sermon  to  the  end  of  the 
samyn  that  no  tavern  nor  hostelar  hous  salbe  haldin  oppin  for  selling  of 
meit  and  dreink  sua  that  the  haill  inhabitants  of  this  burgh  and  utheris 
in  the  town  for  the  tym  sail  noway  abstract  thame  selffis  fra  the  hering 
of  the  word,  and  gif  ony  of  the  persons  appointit  be  found  absent  thai 
salbe  poindit  of  tuentie  s. 

July  8th. — The  quhilk  day  Cristcn  Kelly,  incluellar  in  Elgin,  wcs 
decernit  and  ordanit  to  entir  hir  selff  in  waird  within  the  stepill  of  the 
paroche  kirk  of  Elgin  thairin  to  remane  be  the  space  of  fourtc  aucht 
houris  and  thaireftir  ay  and  quhill  sche  sett  souertie  to  cum  on  Sonday 
nixt,  viz.,  the  fourtein  day  of  July  instant  befoir  the  minister  of  Elgin  in 
tyme  of  preiching  befoir  the  pulpeit  afoirnone  and  thair  in  presens  of 
God  and  the  congregatioun  ask  and  craiff  pardoun  and  forgiffnans  of 
Johne  Woid,  burges  thair,  for  the  sklanderous  and  iniurius  wordis  giffin 
be  her  to  him  in  calling  him  auld  wouff  facet  theiff  carle  and  worriar  of 
scheip,  quhilk  wes  giffin  for  dome. 

July  nth. — Act  of  removing  persewit  be  Katherene  Gordoun,  relict 
of  umquhill  Mr.  Patrik  Balfour,  sumtyme  minister  at  Urquhart  contrar 
Alexander  Stewart,  merchand  in  Elgin.  The  said  Alexander  Stewart  is 
ordanit  to  flit  and  remove  fra  the  foirhous,  stable  etc. 


January  27th. — George  Chaplin  claims  thre  half-disches  ry  maill  and 
ane  half-dische  of  ait  maill  borrowit  be  Johne  Vmfray. 

It  is  statute  and  ordanit  that  na  persone  within  this  burgh  fre  nor 
unfreman  in  ony  tyme  coming  lay  or  mak  ony  middingis  upon  the  bak 
passage  of  the  burgh  of  Elgin  quhilk  dewydes  the  borrow  ruids  of  the 
said  burgh  fra  the  croftis  thairof  and  lykwayis  that  thai  leid  away  all  the 
middingis  thairto  presentlie  thairupon  within  xv  days,  quhairbe  all  maner 
of  persone  in  burgh  or  land  may  have  clene,  fair  and  fre  passage  to  pass 


174  RECORDS  OF  ELGIN. 

thairthroch  with  kairtis,  sleddis,  bestiall  and  all  uther  maner  of  things 
but  slope  or  impediment  under  the  pane  for  fourtie  s. 


1584. 

June  1 5th. — John  Beig,  tailzeour  in  Elgin,  wes  decernit  to  pay  to 
James  Annand,  burges  and  goldsmith  thair,  threttie  sax  s.  as  pryce 
liquidat  for  ane  pair  of  sufficient  new  pleit  slevis. 

Margaret  Low,  relict  of  William  Reid,  wes  decernit  to  pay  to  Jannet 
Cuming,  spous  to  Johne  Annand  of  Muirestoun  thre  libs,  monie  as  pryce 
for  tua  silucr  sponis  contcning  tua  vnces  wecht  of  siluer. 

John  Makzane,  burges  of  Elgin,  wes  decernit  to  pay  to  John  Woid 
thre  libs,  four  s.  for  the  caring  and  teiling  of  thre  aickers  and  half  aicker 
of  land  with  his  oxin  and  pleuch. 

James  Crombie  in  Spynic  wes  appointit  as  factor  for  Thomas  Leving- 
stoun  of  Hainyng,  taxman  of  the  teind  scheavis  of  the  parocheins  of 
Elgin,  Sanct  Androwis  kirk  and  Dyk,  in  tak  and  assedatioun  of  George, 
Bischop  of  Murray,  for  thre  zeiris  to  cum. 

The  quhilk  day  comperit  judicialie  Patrik  Rattray,  burges  of  Elgin, 
and  prescntit  and  deliuerit  the  letteris  of  exemptioun  undcrwrittin 
desyring  the  provest  and  bailzeis  to  caus  the  samyn  be  oppinlie  red  in 
jugement  and  admittit  and  registrat  in  borrow  court  buik  of  Elgin  quhilk 
letteris  the  jugis  foirsaidis  with  detfull  reuerence  ressauit  and  admittit 
and  causit  the  samyn  be  red  judicialie  and  registrat  according  to  the 
said  Patrickis  desyr,  off  the  quhilk  letteris  the  tennour  eftir  followis : — 

REX. 

WE,  be  the  tennour  heirof  with  awyse  of  the  lordis  of  Secreit  Counsall 
haifing  consideratioun  of  the  inhabilitie  and  aige  of  our  lovitt  Patrik 
Rattray,  burges  in  Elgin,  wherbe  he  is  ndth  able  to  cum  to  our  oistis, 
reidis,  weiris  and  assembles  butt  greitt  danger  of  his  lyff,  thairfor  we  be 
thir  presents  gevis  and  grantis  licience  to  the  said  Patrik  to  remane  and 
abyd  at  hame  fra  all  and  sindry  our  oistis,  reidis,  weris,  gadderingis  and 
assembleis  be  see  or  land  and  fra  all  compering  and  passing  upon  ony 
assyse  in  actionis  criminall  or  ciuill  in  justice  courtis,  justice  airis,  sheref 
courtis,  borrow  courtis  or  vtheris  quhatsumeuir  for  serving  of  brevis, 
apyrysing  of  landis  and  vtheris  exeming  and  dischairgeing  him  thairfra 


1584.]  BURGH  COURT  BOOK.  175 

during  all  the  dayis  of  his  lyftyme,  and  will  and  grantis  that  the  said 
Patrik  sail  nocht  be  accusit  nor  callit  therfor  notwithstanding  quhatsum- 
euir  our  actis  or  proclamationis  maid  in  the  contrar  theranent  and  pains 
contenit  thairin  we  dispens  be  thir  prcsentis  dischargeing  hcirfor  all  and 
sindry  our  justices,  justice  clerkis,  thesauraris,  aduocattis,  provestis, 
bailzeis,  eldermen  and  utheris  ministeris  and  juges  of  our  lawis  quhat- 
sumeuir  of  all  calling,  accusing,  trubling,  molesting  or  in  ony  wayis 
preceding  aganis  the  said  Patrik  therfor  discharge  thame  thairof  and  of 
thair  offices  in  that  parte. 

Given  under  our  signet  and  subscriuit  with  our  hand  at  Strivcling  the 
threttcne  day  of  Maij  1584.  Sic  Subscribitur  JAMES  R.,  Montrois. 
Crawfurde. 

June  22nd. — Emelie  Sway,  spous  to  Alexander  Rob,  maltman,  wcs 
decernit  to  mak  count  reckining  and  payment  of  ane  thretty  schilling 
pece  to  James  Duff,  zounger,  within  aucht  dayis  quhilk  the  said  James 
laid  to  her  in  plege  of  the  prycc  of  ane  point  of  aill  quhilk  he  coft  fra 
the  said  Emelie. 

July  6th. — John  Petrie,  alias  Stowt,  for  calling  Cristen  Reid  witche 
carling  wes  ordanit  to  compeir  on  Sonday  within  the  paroche  kirk  of 
Elgin  upon  the  stuill  off  repentance  and  thair  confes  his  offence  and  ask 
hir  forgiffingis  under  the  paine  of  fyve  pundis  mony. 

July  1 3th. — William  Auldcorn,  burges,  wcs  decernit  to  dcliuer  to 
Jannet  Gumming,  spous  to  Johne  Annand  of  Muircstoun  ane  pewtar 
plait  within  sax  dayis  quhilk  scho  geff  to  umquhill  Issobell  VVatsone  in 
plcge  of  ane  stane  wecht  quhilk  scho  borrowit  fra  the  said  Issobell 
Watsone. 

Jannet  Bonair,  spous  to  Robert  Keyth,  wes  decernit  to  deliuer  to 
Margaret  Sutherland,  spous  to  Alexander  Elleis,  ane  golden  signet 
quhilk  the  said  Margaret  deliuerit  to  the  said  Jannet  in  plege  of  thre 
clowis  of  cotting  zairne  the  space  of  fyve  zeiris  syn. 

Octobersth. — James  Douglas  wes  electit  provest  forthespacc  of  ane  zeir. 

October  2Oth. — It  is  statute  that  quhatsumeuir  persone  sail  iniure  or 
maneis  ather  provest,  bailze,  clerk,  officiar  or  ony  uther  member  of  court 
sail  upon  his  knee  ask  forgiffens  and  to  ly  in  the  stocks  for  aucht  days. 

October  26th. — Thomas  Stewart,  tynkler  in  Elgin,  wes  ordanit  to  pay 
to  Johne  Wmfray,  swordslypper  in  Elgin,  tua  markis  for  the  pryce  of  ane 
sword  quhilk  he  brak  betuix  his  handis  in  Sanct  Lowrens  mercat  of  Forres. 


176  RECORDS  OF  ELGIN. 

Emelie  Sway  wes  ordanit  to  pay  to  Johne  Beig,  tailzeour  in  Elgin, 
tua  crownis  of  the  sonc  quhilk  scho  ressauit  fra  the  said  Johne  in  plege 
of  tuenty  schillingis  monie  at  pasche  last  wes. 

October  28th.— The  quhilk  day  the  provest,  bailzeis,  counsall  and 
comburgcssis  of  the  burgh  of  Elgin  present  for  the  tyme  statute  and 
ordanit  that  the  haill  nebours  within  this  burgh  baith  fre  and  onfre  in 
thair  avvin  proper  persone  sail  keip  the  portis  of  this  burgh  for  owthalding 
of  all  personis  cuming  owt  and  fra  suspect  places  of  the  plaig  of  pest 
and  wanten  testimonialls  of  thair  clenes  thairof  under  the  pane  of  fourty 
schillingis  monic  and  na  servandis  to  be  send  to  keip  the  portis  except 
it  be  of  aigit  and  scik  persones. 

November  23rd. — Alexander  Annand  wes  ordanit  to  pay  to  Johne 
Beig,  tailzour,  ten  s.  for  the  making  of  ane  pair  of  pleit  sleiwis  and  siclyk 
to  deliucr  to  the  said  Johne  ane  new  knappiscall  schell  with  ane  new  blak 
cowering  thairof. 

1584-5- 

January  i8th. — Thomas  Stewart,  kaird  in  Elgin,  wes  ordanit  to  pay 
to  John  Shercf,  cordincr,  tua  schillingis  sax  pcnneis  for  the  pryce  of  ane 
pair  of  new  schonc. 

February  I5th. — Isobcll  Cuming,  spous  to  James  Robertson,  cowper 
in  Elgin,  wes  dccernit  to  pay  to  Martha  Dunbar,  dochter  to  Patrik 
Dunbar  of  Schanchar  thrcttenc  s.  four  d.  with  ane  pair  of  new  schone 
and  ane  casting  pair  of  slevis  for  hir  fie  and  bountayis  for  hir  service. 

March  I5th. — Complaint  of  Wm.  Gaderar,  procurator  fischall :  Vnto 
your  honour,  my  lord  provest  and  bailzeis  of  the  burgh  of  Elgin  humilie 
meins,  I,  William  Gaderar,  procurator  fyschall  of  this  burgh  upon  Maister 
Patrik  Cuming,  sub-dene  of  Murray,  Archebald  Grant  in  Balnatome, 
Huchon  Ros.  James  Cuming  in  Barmukattie,  William  Cuming,  servand 
to  the  auld  laird  of  Ernsyd,  Alexander  Eraser,  Henrie  Kay,  induellars  in 
Lynkwoids,  quha  with  thair  compliss,  bodin  in  fcir  of  weir,  with  swordis, 
pistollis,  jackis,  knapscallis  and  utheris  weirlyk  wapins  invasiue  upon 
Sonday  the  last  of  Februar  last  bypast  in  tyme  of  preching  of  Godis 
word  eftir  none  in  manifest  contempt  of  oure  souerane  lordis  auctoritie 
and  provest  and  bailzeis  of  this  burgh  for  the  tyme  berand  his  hienes 
auctoritie  the  said  provest  with  ane  nummer  of  his  counsale  passand  to 


1584-5-]  BURGH  COURT  BOOK.  177 

heir  the  word  of  God  accompanit  in  sober  maner  nocht  luiking  for  ony 
insurrectioun  of  ony  partie  the  saidis  persones  with  thair  compliss 
accompaneit  and  armit  in  maner  foirsaid  maist  erroniouslie  and  con- 
temptuislie  drew  swordis  and  bendit  pistollis  to  quhais  invasioun  I  knaw 
noth  and  being  commandit  to  pacific  thame  selffis  continuit  in  thair 
disobedience  transgressing  thairthrow  our  souerane  lordis  lawis  and  his 
progenitouris  of  guid  memorie  anent  the  quietnes  of  burrowis  heirfor 
beseiks  your  honoris  that  puneisment  and  amendment  may  be  had  of  the 
said  persones  etc.  [Mr.  Patrick  Cuming  and  James  Cuming  are  alone 
committed  for  trial,  and  arc  ordered  to  appear  at  the  Head  Court  to  be 
held  on  the  day  after  Pasch.] 

March  I5th. — The  provest,  bailzeis,  counsall  and  comburgessis  of  the 
burgh  of  Elgin  for  the  bettir  ordour  tacking  anent  the  ovvthalding  of  the 
plaig  of  pest  furth  of  this  burgh  hes  statut  and  ordanit  that  na  maner  of 
persone  frie  nor  onfrie  within  this  burgh  in  ony  tyme  cuming  ressauc  ony 
maner  of  persone  of  hie  degre  or  law  degre  strayngeris  or  beggaris 
within  thair  housis  to  luig  thame  or  giff  thame  meit  or  drink  quhill  thai 
cum  first  to  the  provest  and  bailzeis  and  mak  the  samyn  first  knawin  to 
thame  and  seik  and  haue  thair  liciens  thairto  befoir  thai  gif  thame  entres 
in  thair  houses  vnder  the  pain  of  depryving  the  freman  that  contravcinis 
this  present  statute  of  his  fredome  and  burgeschip  and  bancisment  of  the 
stallingeris  and  unfremen  and  ordanis  this  statute  to  be  publisit  and 
proclamit  at  the  marcat  croce  of  this  burgh  and  uther  places  neidfull  and 
to  mak  intimatioun  of  the  samyn  personalie  to  ilk  persone  inhabitant  of 
this  burgh  or  be  sownd  of  the  hand  bell  and  bellmanis  mowth  through 
the  haill  town. 

1585- 

May  loth. — William  Hardie  wes  ordanit  to  deliuer  to  Thomas  Gait 
ane  arme  schair  and  ane  aquavitie  pott  quhilk  the  said  William  borrowit 
fra  the  said  Thomas  in  the  zeir  of  God  threscoir  auchteine  zeiris. 

May  1 7th. — The  provest,  bailzeis  etc.  hes  ordanit  that  na  maner  of 
persone  frie  nor  onfrie,  zoung  nor  auld,  within  the  said  burgh  pretend  in 
ony  tyme  coming  to  entir  within  the  kirkzaird  of  the  paroche  kirk  of  the 
said  burgh  to  play  at  kylis,  portbowlis  or  ony  uther  pastime  or  clym  the 
kirk  wallis  with  ledderis  to  herrie  birdis  nestis  nor  zeit  cast  stanes  at  the 

Y 


178  RECORDS  OF  ELGIN.  [1644. 

kirk  or  vyndois  thairof  under  the  pain  of  xl  s.  and  the  faderis  and 
parentis  of  the  bairnis  quha  ar  fund  sua  doand  to  be  ansuerabill  and 
poyndit  for  thair  barnis  as  also  the  guidman  of  the  hous  for  the  gentillmen 
and  barnis  alandwart  quhilkis  are  buirdit  in  thair  houses. 

June  I4th. — Thomas  Alwes,  son  to  umquhill  David  Alwes  in  Dornach, 
wes  decernit  to  pay  to  Blais  Alwes  threttene  s.  four  d.  for  the  pryce  of 
tua  buikis  to  wit  ane  first  part  buik  and  ane  Dauid  Lyndsay  buik  coft  be 
the  said  Blais  to  the  said  Thomas  the  tyme  he  wes  at  the  scole  leiring. 

June  2 ist. — Thomas  Smyth,  officiar,  wes  persewit  be  Johne  Smyth 
his  broder  german  for  the  wrangus  breking  of  ane  kist  and  taking  ane 
charter  furth  thairof  upon  ane  ruid  of  land  lyand  upon  the  north  syd  of 
the  burgh  of  Elgin  betuix  the  ruid  of  land  sumtyme  perteining  to 
umquhill  Andrew  Duncan  at  the  eist  part  and  the  ruid  of  land  perteining 
to  Alexander  Smyth  ther  broder  at  the  west  part  extending  linealie  fra 
the  kingis  grace  hie  get  of  the  said  burgh  at  the  sowth  to  the  rod  quhilk 
passis  fra  the  eist  part  of  the  futt  of  the  castell  hill  of  the  said  burgh  to 
our  Ladie  chappell  sumtyme  biggit  upon  the  heid  of  the  said  hill  at  the 
north. 


1644. 

Borrow  Court  of  the  bru'.  of  Elgin  haldin  within  the  Tolbuithe  theroi 
be  Robert  Hendrie,  William  Falconer  tua  of  the  baillies  of  the  samyn 
the  third  day  of  Januar  1644,  the  suittis  callit  and  the  court  laufully 
fensit  as  vse  is. 

January  i6th. — Andrew  Dick,  merchand,  burges  of  Elgin,  wes 
decernit  to  mak  payment  to  Margarat  Burnet  of  fyve  croce  dollars  at 
535.  the  peece  borrowit  be  him  with  i8s.  for  ane  pund  of  sugar. 

January  3Oth.— In  presence  of  Mr.  Gawine  Douglas  of  Morrestoun, 
provest  of  Elgin,  Robert  Hardie  and  William  Falconer  tuo  of  the  baillies 
therof  compearit  Agnes  Muresone  in  Elgin  and  becam  willinglie  actit  in 
the  borrowes  court  buiks  of  Elgin  to  enter  and  present  herselff  before 
the  sessione  of  Elgin  the  secund  day  of  Februar  nixt  within  St.  Gelis 
kirk  and  if  she  convene  nocht  bot  beis  fugitive  she  salbe  heirefter  be  her 
awin  consent  haldin  and  reput  as  ane  notorius  witch. 


1645.]  BURGH  COURT  BOOK.  179 

February  I4th. — Act  anent  the  officers  attendance  of  the  magistrals. 
It  is  appoyntit  that  ane  of  the  officers  attend  the  provest  and  baillies  to 
advertise  them  and  convoy  them  to  the  court  ilk  court  day  under  the 
payne  of  warding  ilk  ane  of  them  toties  quoties  xxiiij  hours  and  that 
they  have  their  halberts  with  thame. 

March  I2th. — Servise  vsit  at  the  instance  of  Elspet  and  Margaret 
Mylls  onlie  lawful!  bairnes  of  vmq11.  Thomas  Myll  merchant  burges  of 
Dundie  and  servit  airs  portioners  to  wmq11.  Thomas  Mylne  merchant 
burges  of  Elgin  their  guidsyre  to  two  ruids  of  burrow  land  on  the  south 
side  of  the  burgh. 


1645. 

January  22nd.  —  William  Gadderar  in  Mostowie  was  decerned  to 
make  payment  to  George  Smythe,  merchant  burges  of  Elgin,  of  the 
soume  of  40  d.  money  for  ilk  cartfull  of  twentie  cartfulls  of  peits. 

February  I2th. — Francis  Dunbar,  saidler,  to  pay  seven  merks  and 
Alexander  Sinclair  five  merks  as  ther  equall  part  of  putting  forthc  of 
ane  foote  sojor  to  the  publict  service  within  fifteen  dayes  vvnder  the  paine 
of  poynding  or  warding. 

March  igth. — Lilias  Chalmcr  was  decerned  to  dclyvver  to  James 
Walker  ane  wylliecote  worthe  thrie  poundis  four  shillingis  and  that 
pertaining  to  the  said  James  his  wyffe  coft  be  the  said  Lillias  fra  the 
Irishes  in  the  tyme  of  the  troubles. 

George  Bonyman,  skinner,  was  decerned  to  restore  to  Thomas 
Warrand  ane  quart  stoup  with  thrie  new  pannis  qlk  the  said  George 
coft  frome  the  Irishes  in  tyme  of  the  troubles. 

John  Chalmer  (Toddie)  was  decerned  to  restore  to  the  said  Thomas 
ane  two  handed  sword  with  ane  halfe  fyte  plaid  whilk  the  said  Johne 
tooke  out  of  the  said  Thomas  his  hous. 

James  Peddar,  cordinar,  was  decerned  to  redelyver  to  Johne  Stronache, 
flesher,  the  number  of  sex  roche  hyddes  pertaining  to  the  said  Johne  and 
coft  be  the  said  James  in  tyme  of  the  troubles,  for  ewrie  one  of  the 
saidis  hydis  the  said  James  gaue  243.  and  the  said  Johne  is  ordained  to 
pay  to  the  said  James  the  saidis  pryces  and  to  rcceiwe  his  owne  sex  hydis. 


180  RECORDS  OF  ELGIN.  [l64S- 

April  2nd. — Alexander  Watson,  litster,  to  deliver  to  William  Wilson, 
cordoncr,  ane  halfe  barkit  hyd  taken  frae  the  said  William  in  time  of  the 
plundering  and  to  receive  125. 

May  22nd. — William  Robertson,  litster,  was  decerned  to  redelywer  to 
Mr.  Johne  Hay  commissar  of  Murray  all  and  haill  the  number  of  sex 
bookes  all  and  haill  worthe  threttie  ane  merkes  thre  shillinges  four 
pennies  with  ane  register  booke  pertaining  to  the  toune  shippe  he 
receiving  frae  the  said  Mr.  Johne  365. 

Thomas  Warrand,  merchand  burges,  was  decerned  to  pay  fyve  libs, 
money  for  the  blooding  and  dinging  of  his  daughter. 

May  3Oth. — Margaret  Cay  was  decerned  to  redelyver  to  William  Hay, 
wobster,  ane  tartane  plaid  worthe  sex  poundis  qlk  was  taken  away  att 
the  plundreing  frae  the  said  William  and  was  in  the  possession  of  the 
said  Margaret  and  the  said  William  was  ordained  to  give  to  the  said 
Margaret  ane  halfe  dollar  therefor. 

June  4th. — Elspet  Portifield  in  Ardcannie  was  decerned  to  get  back 
her  new  tartane  plaid  taken  in  time  of  troubles.  William  Hay  wobster 
in  Neither  Manbeines  to  get  back  his  gray  plaid  taken  be  the  Irishes  he 
giving  to  Christian  Gordon  ane  halfe  dollar. 

William  Robertson  preceptor  of  Messindewe  sues  Robert  Hardie  for 
five  bolls  victual  for  his  occupation  of  halfe  ane  quarter  of  Messindewe. 

Court  haldin  within  the  tolbuith  of  Elgin  be  ane  honnorable  man  viz. 
Gawin  Douglas,  provest,  William  Falconer,  William  Layng  and  Thomas 
Calder,  baillies  of  the  samyn  the  auchtcn  day  of  Junij  1645.  The  said 
day  Jean  Bonyman,  spouse  to  Allexr.  Leslie,  merchand  burges  of  Elgin, 
was  decerned  to  mak  payment  to  Johne  Harvie,  cordonar  ther  of  the 
soum  of  threttie  thrie  shillinges  four  pennies  money  and  that  for  ane 
yron  pott  borrowit  be  the  said  Jean  frae  the  said  Johne  wpon  the  qlk  he 
gawe  his  oathe. 

Johne  Alpin,  armorer,  Elgin,  was  wnlawit  in  543.  for  blood  and  blae 
giffing  to  Robert  Smythe,  baxter. 

James  Scott,  cordonar,  became  actit  to  compeire  before  the  presbitrie 
to  ansuer  for  his  adulterie  wnder  the  pain  of  twentie  poundis  or  else 
banishment. 

Maines  the  kaird  was  decerned  to  pay  four  pounds  8s.  8d.  for  a  yeirs 
maill  of  ane  hous. 

August  26th. — Elspet  Vrvell,  dauchter  to  wmq11.   James  Vrvell   in 


1 647.]  BURGH  COURT  BOOK.  l8l 

Garmoche,  became  actit  to  remove  frome  the  toun  and  never  to  come  to 
it  again  without  a  sufficient  testimonial!  wnder  the  paine  of  banishment. 
October  1st. — The  absentes  frae  the  Head  Court  wnlawit  ilk  ane  in 
135.  4d. 

1646. 

August  1 2th. — Christane  Gordon  in  Elgin,  Andrew  Hay,  cordonar 
ther,  Johne  Stronache  flesher  ther,  ilk  ane  of  thame  were  decerned  to 
make  payment  to  Mr.  James  Strachan,  schoolmaister  ther,  ilk  ane  of 
thaime  of  ther  particular  soumes  wnderwrittcn  viz.  Christan  Gordon  of 
the  soume  of  fyve  merks  money,  Johne  Stronache,  flesher,  tuo  merkes 
and  Andrew  Kay,  cordonar,  thrie  merkes  and  that  for  the  teaching  of 
ther  bairnes  wherwpon  he  gaue  his  oathe. 

September  3Oth. — Head  Court.  Twenty  eight  absent  and  all  wnlawit 
in  2os.  Non-entries :  Sir  Florence  Winchester,  wmq".  Alexr.  Gordon, 
Beldornie,  umq".  George  Sutherland,  Lady  Cheplan  of  Sainct  Jeilcs  kirk, 
umq11.  Alexr.  Dunbar  of  Cumnocke,  umq11.  Thomas  Wmphray,  cheplan 
of  Sainct  Duthockes,  cheplan  ruid,  umq11.  William  Robertsone  of  Croft 
Croy,  umq11.  Alexr.  Murray,  wiccar  pension,  umq".  Coxtone. 

November  25th. — Androw  Innes,  gairdner  in  the  laird  of  Pluskardens 
yaird,  Jeane  Bonyman,  relict  of  wmq".  Allexr.  Leslie,  burges  of  Elgin, 
Allexr.  Campbell  ther,  Allexr.  Murdoch,  burges  ther,  and  Robert  Dunbar, 
ilk  ane  are  decerned  particularlie  as  wnderwritten  to  make  payment  to 
Christiane  Kar,  viz.  the  said  Androw  Innes  of  the  teind  of  the  said  yaird, 
Jeane  Bonyman  of  the  teind  of  hir  yaird  wherin  were  ten  stookes,  Allexr. 
Campbell  of  the  teind  of  ten  stookes  yeirlie  for  the  space  of  tua  yeires 
on  the  Lady  hill,  Allexr.  Murdoche  for  the  teind  of  ten  threwes  birre  and 
Robert  Dunbar  of  the  teind  of  tuenty  stookes  bear  qlk  he  had  in  his 
zaird. 

1647. 

April  I4th. — Allexr.  Glasse,  violer  in  Elgeine,  became  willinglie  actit 
to  behaue  himselfe  dewtifullie  in  the  toune  and  not  to  be  found  playing 
nor  waiging  in  the  night  tyme  under  the  paine  of  fortie  poundis  money 
and  banishment  of  his  persone  of  the  toune. 


1 82  RECORDS  OF  ELGIN.  [l647- 

May  5th.— Mr.  Johne  Douglas  of  Moristoune  offered  for  Kempsaiker 
210  merks  and  the  said  Mr.  Johne  tuik  instrument  that  non  baid  nor 
offered  more.  Thomas  Calder  offered  122  pounds  for  the  Calfwaird. 

Patrick  Chalmer,  skinner,  burgis  of  Elgeine,  is  decerned  to  make 
restitutione  to  Robert  Kynnaird,  burgis  of  Elgeine,  of  ane  purse  of 
cloithe  of  gold  with  thrie  peices  of  gold  within  delyvered  be  the  said 
Robert  to  the  said  Patrick  Chalmer  in  anno  1633  or  thereby  whereof  the 
said  Robert  promised  redelyverie  or  100  merks  money  for  the  samyn 
togidder  with  the  soume  of  40  merks  money  or  the  equivalent  thereof  in 
pennie  worthe  and  that  as  the  pryce  of  ane  new  doublet  of  black  silk 
camblet  cutt  out  on  blew  Spanishe  tafitie  delyvered  be  the  said  Robert 
to  the  said  Patrick  wnder  promise  of  contentment  worthe  the  samyn  qlk 
doublet  he  receivit  in  anno  1631  or  therby  togidder  with  ane  pleat  locke 
and  key  worth  thrie  poundis  money  coft  and  receivit  be  him  frae  the  said 
Patrick  in  anno  1633. 

July  I4th. — John  Hardie,  burges  of  Elgin,  wes  decernit  to  mak  pay- 
ment to  Jeane  Bonyman,  relict  of  wmq11.  Alexr.  Leslie,  merchand  and 
burges  ther,  of  the  soume  of  tuell  pennes  money  and  that  for  ilk  lead  of 
thretteine  score  leads  muck  coft  and  receawit  be  him  fra  me  and  led  with 
my  owne  hors  and  serwands  to  his  land  togidder  with  the  soume  of 
aught  pennes  money  and  that  for  ilk  lead  of  fiftie  thrie  leads  muck 
togidder  with  the  soume  of  tuentie  four  shillings  money  and  that  for  ilk 
ellne  of  sex  ellnes  halff  ellnes  small  bread  lining  cloathe  coft  and 
receawit  be  him  fra  me  to  his  contentment. 

October  6th. — The  lands  wnderwrittin  are  fallin  and  becum  in  the 
tounes  hands  for  not  entrie  of  the  righteous  airis  therof  therto  viz.  the 
lands  of  umq11.  Sir  Florence  Winchester,  umq11.  Alexander  Gordone  of 
Beldornie,  Our  Ladies  Chapell  and  St.  Jellis  kirk,  wmq".  Alexander 
Dunbar  of  Cumnok,  the  chaplain  of  St.  Duthak,  the  lands  of  Blakfreirs, 
umq11.  Alexr.  Bischop  of  Murray,  the  wicar  pentione,  wmq".  Robert  Innes 
of  Innermarkie,  the  Bayns  grein,  wmq".  Andrew  Waus,  wmq11.  Robert 
Sutherland,  ruid  chaplan,  Mr.  John  Innes  of  Cokstowne  etc.  [75  in  all.] 

November  i/th. — William  Schipheard  in  Old  Mills  wes  decernit  to 
make  payment  to  Robert  Dunbar,  burges,  of  the  soume  of  fyue  merks 
aucht  shillings  money  and  that  for  the  lend  of  the  prick  mett  of  Elgin 
with  fyfteine  pecks  of  meall  at  aught  merks  the  boll  and  that  for  the 
custome  of  fyf  scoir  tuell  bolls  meall. 


1648.]  BURGH  COURT   BOOK.  183 

November  24th. — Margaret  Gordone,  relict  of  wmq11.  Alexr.  Innes  of 
Balnamen  wes  decernit  to  mak  payment  to  Alexr.  Andersone,  meassone 
burges  there  of  the  sourne  of  503.  money  with  tua  merks  sex  s.  aught 
pennes  for  ane  firlott  eatt  meall  cropt  1647  and  that  as  the  rest  of  the 
pryce  of  ane  lair  stone  laid  on  the  said  wmq11.  Alex1". 

December  2Oth. — Disposition  by  James  Sutherland,  tutor  of  Duffus, 
in  favour  of  Thomas  Calder  of  Sheriffmylne  of  tuo  auchten  pairts  of 
land  with  the  new  land,  grass  lands  and  pertinents  therof,  togidder  also 
with  the  moss  vaird  perteining  therto  of  breid  threttie  tuo  speace  and  of 
lenth  extending  from  St.  Keathreine  croft  at  the  north  to  the  burne  of 
Tayok  at  the  south. 

December  22nd. —  Issobell  Pedder  servitrix  to  John  Winchester, 
tailzor,  burges  of  Elgin,  wes  decernit  to  mak  payment  to  Janet  Grant 
spous  to  James  Naughtie  turner  there  of  the  soume  of  303.  money  and 
that  for  ane  new  sark  giwin  be  me  to  hir  to  wash. 


1648. 

January  2ist.  —  Jeane  Bonyman,  relict  of  wmq11.  Alexr.  Leslie, 
merchand  burges  of  Elgin,  wes  decernit  to  restoir  and  delyver  to  Agnes 
Troup,  spous  to  Alexr.  Allane  in  Borrowbriges  of  ane  mekill  pan  or  four 
merks  money  for  the  samyn  and  that  borrowit  be  the  said  Elspet  Leslie 
her  dochter  from  me. 

March  8th.  —  William  Andersone,  eldest  laufull  sone  to  Johne 
Andersone,  skinner,  burges,  was  admittit  burges  as  his  father's  eldest 
sone  for  payment  makeing  of  fyve  s.  in  ane  purs  and  gaue  his  aithe  as 
wse  is.  The  said  day  Lauclane  Innes,  skinner  in  Elgin,  wes  receawit 
and  admittit  frieman  and  burges  of  the  said  bruch  for  payment  makeing 
of  fiftie  merks  money. 

May  2nd. — Alexr.  Nicoll  [and  17  other]  cartcallers  in  Elgin  were 
decernit  to  be  poyndit  for  2os.  ilk  persone  and  to  be  wardit  till  they  sett 
caution  for  keeping  of  guid  ordour  anent  the  cutting  of  honest  mens 
cornes  and  grass  and  that  they  put  furthe  hirds  with  ther  horses  and 
wther  guids  wnder  the  paine  of  ten  libs,  ilk  ane. 

May  3rd. — The  persones  underwrittin  were  decernit  to  make  payment 
to  Christan  Kare,  relict  of  wmq11.  Mr.  David  Philp  sumtyme  minister  at 


1 84  RECORDS  OF  ELGIN.  [1649. 

Elgin :— James  Faire  at  the  West  Port  wes  decernit  to  mak  payment  to 
her  of  6s.  8d.  for  the  wicaradge  of  ane  calff  cropt  1647  yeirs,  Alexr. 
Nucoll  at  the  West  Port  of  6s.  8d.  for  ane  calff  with  ten  s.  for  ane  fleis  of 
woll  with  the  wicarage  of  four  lambs,  George  Steinsone,  gairner  in  the 
Freirs  for  the  keane  of  tuo  kair  135.  4d.  and  James  Glas  6s.  8d.  for  the 
keane  of  ane  calff. 

June  28th. — The  persones  underwrittin  were  decernit  to  mak  payment 
to  Murdo  McKenzie  minister  at  Elgin  :  Walter  Milne  ten  firlotts  wictuall 
for  the  teind  of  tua  aughten  pairts  of  land  perteining  to  William  Innes 
in  Barlowack  cropt  1647  at  eight  merks  6s.  8d.  the  boll  etc. 

October  nth.  —  Andrew  Clerk  was  decernit  to  pay  to  Christian 
Gordone,  relict  of  Dr.  Alexr.  Hardie,  ane  stone  of  butter  or  eight  merks 
and  that  for  cureing  of  the  said  Andrew  his  ledge. 

October  25th. — James  Chalmer,  skinner,  wes  decernit  to  mak  payment 
to  the  richt  hon".  Thomas  McKenzie  of  Pluscarden  of  the  soume  of  1 19 
pounds  1 6s.  as  the  rest  of  his  ferm  and  dewttie  for  his  occupatione  of  the 
lands  of  Lyperland. 

1649. 

January  i8th. — The  cordiners  [seventeen  in  number]  fined  in  all  in 
63  pounds  i6s.  2d.  for  breach  of  statutis. 

February  28th.  —  George  Watsone,  gouffer,  burges  of  Elgin,  wes 
decernit  to  mak  payment  to  Alexr.  Geddes,  skinner,  burges  ther,  of  four 
punds  four  s.  money  and  that  in  contentatione  of  certaine  golf  clubs  coft 
and  receawit  be  him  fra  the  said  Alexander.  [The  foregoing  entry  is 
thereafter  deleted.] 

April  nth. — Alexander  Murdoch,  skinner,  was  decernit  to  pay  to 
Andrew  Innes  in  the  Colege  for  nine  pynts  acquawytie  also  to  pay  to 
Alexander  Edwaird,  tailzour,  and  Margaret  Findlay  his  spouse  for  seven 
pynts  acquawytie  [price  of  the  pint  255.] 

May  1 2th. — Walter  Gilzeane,  saidlcr,  burges  of  Elgin,  becam  actit  as 
cautioner  souertie  and  law  borrowis  for  George  Watsone  golf  bal  maker 
burges  ther  that  John  Duncan  wreight  ther,  his  wyfe,  bairnes,  familie, 
guidis  and  geir  salbe  harmles  and  skaithles  of  him  and  all  that  he  may 
stop  or  let  directlie  or  indirectlie  wther  wayes  nor  be  ordour  of  law  and 
justice  wnder  the  paine  of  fyue  hundreth  pundis. 


1650.]  BURGH   COURT   BOOK.  185 

June  5th.— William  Milne  resigns  his  Spittall  croft  lying  betuix  the 
kings  highway  that  passes  fra  the  east  poirt  of  the  bruch  to  the  bridge 
of  Barmuckatie  at  the  south,  the  channonrie  crofts  of  the  Cathederall  kirk 
of  Murray  at  the  north,  extending  in  lenthe  fra  the  burne  of  Tayok  at 
the  east  to  the  Lyper  lands  at  the  west  in  favour  of  Alex1".  Dunbar. 

August  1 5th. — Andrew  Ros,  wobster,  was  decernit  to  mak  payment 
to  William  Torrie  of  155.  and  that  for  certaine  stones  away  takin  be  him 
out  of  the  said  William  his  correll. 

October  igth. — The  pitie  customes  rowped  for  173  pounds  6s.  8d.  for 
ane  year. 

December  I2th. — Robert  Smyth,  flesher  in  Elgin,  was  decerned  to 
pay  to  John  Jacksone  in  Standing  Stone  415.  borrowed  be  him. 

William  Robertsone,  litster  [and  1 1  others]  summoned  at  the  instance 
of  Alexander  Innes  in  Oldmylnes  for  abstractit  multers.  All  were 
absoluit  be  their  oathis.  Several  others  were  decerned  to  make  payment 
to  him  viz.  ane  peck  of  ilk  17  pecks. 


1650. 

May  1 5th. — Anent  the  compleant  givin  in  be  Johne  Alpin  alias 
Grigor,  armorer,  burges  of  Elgin,  againes  George  Alpin  alias  Gregor  his 
sone  for  the  away  taking  of  ane  assignatione  out  of  the  said  Johnes  kist 
wherin  the  said  Georges  name  was  onlie  made  vse  of  to  his  fathers 
behoue,  the  assignatione  was  of  the  soume  of  200  merks  restand  be 
vmq11.  Alexr.  Leslie  to  the  said  Johne  and  vpon  the  qlk  assignatione 
their  was  sentence  obtained  in  the  said  Georges  name  for  the  said  soume 
againes  Jeane  Bonyman  as  intromissatrix  with  the  said  vmq11.  Alexr.  his 
guids  and  geir,  the  said  George  Alpin  compeired  and  confessit  the  grant 
of  the  assignatione  and  his  intromission  therwith  and  putting  away  of 
the  same  and  therefor  the  baillies  decernes  the  said  George  Alpin  to 
make  up  the  assignatione  or  to  gif  ane  sufficient  discharge  to  Bonyman 
on  what  he  hes  receavit  fra  her. 

July  3ist. — Andrew  Hay,  cordinar  burges  of  Elgin,  and  Andrew  Hay 
his  sone  becam  actit  as  cautioner  for  James  Hay,  sone  naturall  to  the 
said  Andrew  Hay,  cordinar,  that  he  shall  serve  in  the  kingdomes 
service  for  the  toune  of  Elgin  in  this  present  levie  haiffing  payment  as 

Z 


186  RECORDS  OF  ELGIN.  [1651. 

uthers  sogers  within  the  said  burghe  shall  receive  wtherwayes  the  said 
Andrew  Hay  yr.  shall  goe  on  in  service  for  him  or  pay  ane  hundreth 
punds  money  for  the  same.  The  said  day  Allex"".  Man,  merchand  burges 
of  Elgin,  being  accused  be  Mr.  James  Annand  pror.  fishall  of  the  said 
burgh  for  not  entering  his  persone  in  ward  being  chargit  thereto  be 
Robert  Smyth,  officer,  at  command  of  George  Cuming,  baillie,  for  not 
payment  making  of  his  dues  to  the  secund  levie  qlk  disobedience  (the 
said  Allexr.  denyand)  wes  verified  be  famous  witnesses  inrespect  wherof 
the  said  Allexr.  his  fredome  and  burgeship  wes  takin  from  him  and  his 
buith  dore  ordained  to  be  arrested  and  the  rest  of  his  punishment  referred 
to  the  Counsel!. 

December  1 8th. — Helen  Culback,  spous  to  Robert  Donaldsone,  skiner 
in  Elgin  wes  decernit  to  make  payment  to  Johne  Shearer  servitor  of 
allevin  merks  money  with  threttie  shillings  money  for  sex  quarters  gray 
cloath  with  tuell  shillingis  money  for  ane  pair  of  new  shoone  with  sex 
shillings  aucht  pennyes  money  for  ane  pair  of  casting  hose  and  that  for 
fies  and  bountayes  rcstand  be  her  to  the  said  Johne  for  his  service  done 
to  her  fra  Mertimes  1649  to  Mertimes  1650. 


1651. 

March  2ist. — In  presence  of  Mr.  John  Douglas,  prowest,  George 
Cuming,  Thomas  Calder,  Alexr.  Dunbar,  baillies,  sitting  in  jugement  for 
the  tyme  the  persones  after  following  goeing  out  as  sogers  for  the  toune 
in  Col.  Robert  Dunbar  appeirand  of  Westfeild  his  regiment  were  all 
received  burgesses  and  fremen  of  the  said  burgh  viz.  Alexr.  Watsone, 
skinner,  John  Shearer,  Johne  Petrie,  James  Murisone,  Rob'.  Gilzeane, 
George  Paull,  wobster,  Alexr.  Midiltoun,  Alexr.  Gilzeane,  skiner,  Sergeant 
Johne  Bain,  Thomas  Sibbald,  Leonard  Pedder,  cordiner,  Johne  Mitchell, 
skinner,  Dauid  Mauer,  skiner,  Johne  Broune,  Andrew  Angus,  wobster, 
Johne  Leslie,  skiner,  George  Robertsone,  skiner,  Robert  Watsone,  flesher, 
Andrew  Layng,  cordinar,  Andrew  Fimister,  cordiner,  Alexr.  Peterkin, 
sadler,  Andrew  Cuming  yr.  cordiner,  Alexr.  Rose,  smyth,  James  Andersone, 
skinner,  Johne  Puggit,  Jas.  Thomsone,  smyth,  William  Chisholme  and 
Wm.  Petrie  quha  gaue  thair  aithes  as  vse  is. 


1652.]  BURGH  COURT  BOOK.  187 

April  i6th. — Alexander  Sutherland,  flesher,  wes  decerned  to  mak 
payment  to  George  Smyth,  chalmerland  to  Sir  Alexr.  Sutherland  of 
Duffus,  knicht,  of  ten  libs,  money  as  the  pryce  of  ane  boll  wictuall  for 
his  occupatione  of  a  parte  of  the  lands  of  Vnthank  crope  1649. 

May  7th. — Capitaine  George  Smyth  was  decerned  to  make  payment 
to  George  Watsone,  golfballmaker,  burges  of  Elgin  be  the  judges 
modificatione  of  four  merks  money  for  ilk  pick  of  fyve  picks  restand  to 
him  be  the  said  Capitane  George  wherof  he  grantit  the  recept. 

June  lith. — Johne  Corbane,  wobster,  was  decerned  to  wyve  ane  wob 
of  elne  bread,  elne  worth  threttie  s.  the  elne  delyvered  to  him  for  that 
effect  a  year  before  be  Dame  Marie  Innes,  Ladie  Fetterletter,  and  that 
before  the  aucht  of  Julij  nixt  or  vtherwayes  to  pay  the  pryce  forsaid. 


1652. 

April  2ist. — Andrew  Nukill  in  Kirktoune  of  St.  Andrews  his  dittay : 
"Thou  Andrew  Nukill  are  accused  and  indyted  on  thy  lyfe  for  the 
thiftuous  stealling  and  concealling  of  ane  pair  of  whyt  plaidis  worth 
fiftie  four  shillingis  money  and  certane  yron  worke,  the  plaids  off  ane 
bed  and  the  money  and  iron  work  out  of  ane  lock  fast  kist  by  breaking 
vp  the  same  in  the  house  of  Allexr.  Smyth,  smyth,  burges  of  Elgin, 
vpon  the  sexteine  day  of  Apryll  instant  whilk  thou  cannot  deny."  The 
pannel  confessed  the  away  taking  of  the  plaidis  and  iron  work  but 
denyed  any  money  whereupon  he  was  referred  to  ane  assyse  of  fifteen 
persons  who  pronounced  him  guiltie  and  the  judges  [the  provost  and 
four  bailies]  ordained  the  pannell  to  be  brought  to  the  west  end  of  the 
tolbuith  and  there  to  be  whipt  and  from  thence  to  the  place  called  the 
Litill  croce  and  there  againe  to  be  whipt  with  a  dussone  of  stripes  at 
each  place  and  they  ordaine  the  partie  who  wanted  the  goods  to  be 
restored  to  his  owne. 

May  iQth. — John  Gourlie  hes  gott  the  marcat  day  nixt  viz.  trinitie 
day  to  pay  his  25  merks  which  should  bein  now  payed. 

May  26th. — The  said  day  delyvred  be  Allexr.  Forythe,  glaswright,  to 
Serjant  John  Griffen  ane  pick,  ane  fyrlock  and  ane  muscat  with  twa 
bandolirs  left  at  his  house  by  thrie  sojors  of  Collonell  Fitch  his  companie 
viz.  Allexr.  Basnet,  John  Basnet  and  Robert  Litlaw. 


1 88  RECORDS  OF  ELGIN. 

Borrow  court  of  the  burghe  of  Elgin  haldin  within  the  toune  of 
Mostowie  be  Mr.  John  Douglas,  provest,  William  Falconer  and  John 
Chalmer,  baillies,  the  third  day  of  Junij  1652.  The  said  day  it  is  enacted 
(the  whole  tennentis  being  present)  that  none  of  them  shall  sell  ony 
peattis  or  firr  out  of  the  mosse  of  Mostowie  to  any  persone  whosoever 
except  to  the  toune  of  Elgin  under  the  paine  of  ten  pundis  and  warding 
of  their  persones  dureing  the  counsells  pleasure.  And  siclyk  it  is  enacted 
that  whosoever  of  the  saids  tennentis  shall  reveale  vpon  strangers  casting 
peattis  and  wining  firr  in  the  said  moss  of  Mostowie  and  shall  stopp 
them  to  their  pouer  shall  have  the  third  of  the  fyne. 

June  Hth. — Andrew  Russell  in  Innerlochtie  renunceand  his  ouen 
jurisdictione  in  that  part  submittit  himself  to  the  toune  of  Elgin,  is 
become  willinglic  acted  that  he  shall  not  be  fund  druckin  within  the 
toune  of  Elgin  nor  offend  any  magistrat  therin  at  any  tym  hearafter 
vnder  the  paine  of  fortie  pundis  money. 


1748. 

April  1 3th. — Marywell  grass  set  for  three  years'  tack  at  .£15  us.  Sc. 
yearly.  The  Horse  Post  Office  set  for  £17  IDS.  Sc.  for  the  year  and  the 
Shambles  for  £45  I2s.  Sc. 

April  29th. — William  Stephen,  merchant,  fined  £24  Sc.  for  assaulting 
Alexander  Gilzean,  shoemaker,  both  being  prisoners  in  the  tolbooth, 
Alexander  Gilzean  fined  £12  Sc.  for  assaulting  William  Stephen  in  the 
tolbooth. 

May  26th.  —  The  Trustees  for  the  Encouragement  of  the  Linen 
Manufactures  in  North  Britain  having  offered  prizes  for  certain  kinds  of 
coarse  linen  to  be  contended  for  at  Elgin  the  magistrates  appoint  judges, 
all  merchants  in  Elgin,  who  decide  the  chief  prizes  as  follows :  The  web 
of  1 200  wrought  two's  in  a  reed  containing  1200  splits  upon  40^  in.  the 
whole  whereof  was  filled  with  1200  double  threads  measuring  now  42^ 
yards  in  length  and  36  inches  on  the  breadth  and  weighing  20^  lib. 
woved  by  Alexr.  McKenzie  in  the  College  of  Elgin,  was  the  best  of  that 


1 749-]  BURGH  COURT  BOOK.  189 

kind.  The  narrow  1300  wrought  by  James  Hutcheon,  weaver  in  Elgin, 
was  the  best  of  that  kind.  The  broad  1300  wrought  by  James  Donald, 
weaver  in  Elgin,  was  the  best  of  that  kind,  etc. 

John  McDonald,  imprisoned  for  suspected  theft  of  wine,  tobacco,  &c, 
escapes  out  of  prison.  He  petitions  the  magistrates  to  be  allowed  to 
undergo  voluntary  banishment  not  to  return  to  this  kingdom.  On  22nd 
July  the  magistrates  consent  and  appoint  his  person  to  be  delivered  to 
Alexander  Grant,  volunteer  in  General  Hacket's  regiment,  to  be  by  him 
transplanted  to  Holland  and  regimented  in  the  Dutch  service. 

October  1st. — The  following  are  on  the  suit  roll  of  the  burgh  : — Earl 
of  Murray,  Lord  Braco,  Laird  of  Grant,  Archibald  Dunbar  of  Duffus, 
John  Innes  of  Dunkinty,  William  King  of  Newmiln,  Alexander  Calder, 
merchant,  Laurence  Sutherland  of  Greenhall,  Captain  Francis  Stuart, 
Dr.  David  Brodie  of  Main,  William  Forsyth,  glasier,  Mr.  Lachlan  Shaw, 
minister,  John  Ogilvie,  post,  Robert  Smith,  glover,  John  Spens  of 
Stankhouse,  James  Ogilvie  of  Pittensear,  Sir  Thomas  Calder,  &c. 

November  28th. — Mr.  John  Cruden,  teacher  of  youth  in  Elgin,  took 
the  oaths  appointed  by  law  as  a  teacher  of  youth. 


1749. 

May  25. — The  six  best  pieces  of  cloth  competing  for  prizes  had  to  be 
certified  as  made  of  yarn  spun  from  flax  grown  in  the  neighbourhood  of 
Elgin.  For  another  prize  the  flax  was  grown  two  miles  west  of  Elgin 
viz.  at  Mostowie.  For  the  other  prizes  the  flax  was  stipulated  to  be 
"  the  growth  of  Scotland." 

July  6th. — Burgh  Court  holden  upon  the  lands  of  Mostowie.  Sixty 
one  burgesses  and  inhabitants  were  present.  Each  absent  burgess  was 
fined  £5  Sc.  Having  perambulated  the  mosses  they  find  several  en- 
croachments made  by  tenants  of  the  Leggat,  casting  peats.  These 
peats  were  cast  into  the  pots.  The  tenants  of  Mostowie  encroach  by 
making  corn  lands  upon  the  peat  ground.  Several  are  fined. 

August  9th. — James  Russel,  glover,  and  two  others  are  fined  £5  Sc. 
each  for  keeping  swine  in  the  burgh  in  contempt  of  the  town's  statutes. 


IQO  RECORDS  OF  ELGIN. 


1750. 

May  2nd.— Helen  McKintosh  confessed  she  was  found  in  James 
Anderson's  house  alone  in  time  of  divine  worship.  Rather  than  stand 
a  trial  she  agrees  to  voluntary  banishment  from  the  territories  of  the 
town  of  Elgin  never  to  return. 


I751- 

January  /th. — Helen  McKintosh  (supra)  has  returned  to  the  town 
and  is  suspected  guilty  of  several  malpractices.  The  magistrates  appoint 
her  to  remain  in  prison  till  to-morrow  betwixt  ten  and  twelve  in  the 
forenoon  and  from  thence  to  be  carried  to  the  west  port  of  this  burgh 
and  from  thence  to  be  carried  through  the  said  town  to  the  east  port 
attended  by  the  Hangman,  drumbeating  and  officers  in  the  usuall  way 
and  hereby  banish  her  from  the  burgh  in  all  time  hereafter  with  certifica- 
tion if  she  return  she  will  be  branded  on  the  cheek  with  the  town's  iron 
and  publickly  wheept  by  the  hand  of  the  hangman  as  oft  as  she  shall 
return  thereto.  Her  sister  Janet  is  found  attempting  to  steal  peats  and 
accepts  of  voluntary  banishment.  As  she  has  no  visible  means  of 
honestly  subsisting  the  magistrates  banish  her  furth  of  the  burgh. 

August  7th. — The  magistrates  offer  a  reward  of  55.  Stg.  to  any 
person  who  shall  discover  or  apprehend  a  person  or  persons  breaking 
gardens  and  pulling  and  destroying  pease  and  beans  and  digging  up 
potatoes. 

September  28th. — The  Trustees  for  Encouraging  the  Spinning  of 
Linen  Yarn  give  prizes  for  coarse  linen.  Two  webs  of  reed  uoo.  The 
one  woven  by  John  Walker  in  Newmiln  is  the  best  (breadth  38  length  42 
weight  21  1.4).  Two  webs  of  narrow  uoo.  William  Anderson's,  Elgin, 
is  the  best  (breadth  34  length  49  weight  21  n  10).  Two  webs  of  1200. 
The  best  is  William  McKenzie's,  son  of  Alexander  McKenzie,  in  Elgin 
(breadth  38  length  43  weight  20  n  i).  Two  webs  of  reed  1300.  John 
Ross',  apprentice  to  the  said  Alexr.  McKenzie,  is  the  best — owner  of 
web,  Archibald  Dunbar  of  Duffus  (breadth  38  length  42  weight  19  «  8). 
One  web  of  1400.  James  Hutcheson's  in  Elgin  is  the  best  (breadth  38 


I752-]  BURGH  COURT  BOOK.  191 

length  42  weight  1911  i).  One  of  1500.  Alexr.  McKenzie's  in  Elgin  is 
the  best  (breadth  38  length  42!  weight  18). 

December  nth. — Colonel  Burges'  Regiment  is  presently  in  Elgin. 

[In  1748,  Col.  Batteran's  regiment  was  in  Elgin,  and  a  few  months 
later  (in  November)  General  Barrel's.] 


1752. 

June  2gth. — The  magistrates  fine  William  Asleman,  carrier  in  Aber- 
deen, presently  prisoner  within  the  tolbooth  for  his  prophaining  the 
Lord's  day  by  driving  a  cart  and  a  horse  through  the  High  Street  of  the 
burgh  of  Elgin  yesterday  before  divine  service  in  the  forenoon  in  the 
sum  of  £12  Sc.  payable  to  the  town's  treasurer,  to  be  applied  to  such 
pious  uses  as  the  magistrates  shall  direct. 

July. — The  following  weavers  compeared  before  the  Magistrates  and 
enacted  that  they  shall  weave  linen  cloth  in  terms  of  the  several  Acts  of 
Parliament  made  thereanent  and  of  the  regulations  made  by  the  Trustees 
for  improving  Fisheries  and  Linen  manufactured  in  Scotland  :  William 
Anderson,  Pluscarden,  Robert  Anderson,  Longbride,  James  Younie, 
Hattoun  of  Longbride,  John  Mitchel,  James  Donald,  William  Fraser, 
Alexr.  Meurson,  John  Gatherer,  James  Sutherland,  John  Greenlaw, 
Thomas  Cook,  Robert  Gedlie,  William  Anderson,  and  Alexr.  Warrand. 
all  in  Elgin,  also  Alexr.  Boyne,  Bishopmiln,  James  Allan  there  and 
Alexr.  Findlay,  Elgin. 

November  4th. — The  fiscal  complained  upon  William  Roust,  son  to 
the  deceased  Alexr.  Roust,  master  of  the  Musick  School,  and  twelve 
other  boys  for  their  profanation  of  the  Lord's  day  and  riotous  and 
indecent  behaviour  in  the  church  at  several  times  and  for  their  beating 
and  blooding  one  another  in  the  church  and  making  noise  and  disturbance 
in  time  of  divine  worship.  The  parents  who  appeared  were  warned,  the 
absents  were  fined  £$  Sc.  each. 

November  7th. — John  Munro,  sheriff  officer  of  the  shire  of  Nairn, 
having  brought  John  McDonald,  sometime  residenter  in  Elgin  and 
servant  to  James  Stephen,  merchant,  under  a  guard,  presented  to  the 
magistrates  a  dead  warrand  signed  by  Lords  Strachan  and  Drummore, 
to  be  imprisoned  until  I7th  November,  and  then  carried  to  the  common 


IQ2  RECORDS  OF   ELGIN.  [1754- 

place  of  execution  of  the  burgh  and  betwixt  the  hours  of  two  and  four 
in  the  afternoon  of  the  i/th  November  to  be  hanged  by  the  common 
hangman  upon  a  gibbet  until  he  be  dead.  He  was  put  in  the  middle 
vault  of  the  prison  commonly  called  the  Theif's  Pitt  and  put  in  irons. 
The  outer  and  inner  doors  of  the  vault  were  secured  with  two  padlocks 
besides  the  other  locks  on  said  door.  The  keys  are  to  be  kept  by  the 
baillies  three  nights  each  in  turn  till  the  day  of  execution. 


'753- 

March  1 4th.— Christian  Watson,  spouse  to  James  Russell,  stole  a 
white  coloured  napkin  from  Robert  Anderson,  writer,  and  was  guilty  of 
other  petty  thefts.  She  is  remitted  to  prison  till  Friday  when  she  is 
appointed  to  be  put  out  of  town  by  tuck  of  drum  with  the  hangman  at 
her  back  and  a  paper  on  her  breast  bearing  the  crime  for  which  she  is 
being  banished  the  town  of  Elgin  for  life.  If  she  return  she  is  to  be 
imprisoned  and  publickly  wheeped  every  Friday  or  weekly  mercate  day 
for  a  month.  If  thereafter  she  return  she  is  to  be  wheeped  weekly  in  the 
same  manner. 

December  3rd. — Margaret  Grant,  relict  of  William  Clark,  hyrer,  for 
frequenting  the  company  of  soldiers  in  their  room  at  unseasonable  hours 
is  appointed  to  be  drummed  and  banished  the  town  for  life. 


1754- 

June  ist. — Robert  Leslie  and  Alexander  Cook,  merchants,  are  fined 
IQS.  Stg.  each  for  absenting  themselves  yesterday  from  the  guard  who 
was  attending  the  execution  of  Janet  Clerk. 

Burgess  Oath.  I  shall  be  a  leall  and  true  burgess  to  the  Provest, 
Baillies,  Councill  and  Community  of  this  Burgh.  I  shall  keep  their 
Counsell  secretly  in  as  far  as  it  shall  please  them  to  impart  it  to  me.  I 
shall  give  them  my  Counsell  efalie  when  it  shall  please  them  to  demand 
it.  I  shall  purchase  no  Lordships  in  their  contrary.  I  shall  trafeck 
with  no  unfreeman's  goods  under  colour  of  my  own.  I  shall  scott  and 
lott,  stent,  watch  and  ward  when  required  and  shall  doe  the  duty  of  a 


I75S-]  BURGH  COURT   BOOK.  193 

faithfull  burges  in  all  other  things  according  to  my  ability.  So  keep  me 
God.  [A  copy  of  this  oath  is  entered  on  the  inside  of  the  cover  of  the 
three  Court  Books,  1748-1754,  1765-1770,  and  1796-1809,  for  convenience 
of  reference.] 

1755- 

March  3rd. — A  whore  drummed.  The  fiscal  complained  upon  Anna 
McRaa,  late  servant  to  Alexr.  Gray,  litster,  for  disorderly  behaviour  and 
frequenting  the  company  of  soldiers  at  undue  seasons,  particularly 
yesterday  morning  that  she  was  found  in  a  soldier's  room  about  six 
o'clock  in  the  morning  and  she  being  examined  upon  the  above  facts 
acknowledged  the  same  and  that  she  was  presently  in  no  service.  In 
respect  whereof  the  Baillie  [Laurence  Sutherland]  ordained  her  this 
afternoon  at  three  o'clock  to  be  brought  from  the  tolbooth  of  Elgin  and 
drummed  to  the  west  port  of  this  burgh  and  hencefurth  discharge  her 
this  burgh  with  certification  that  she  shall  be  drummed  so  oft  as  she 
shall  return  thereto. 

March  I2th. — A  whore  drumed.  Jean  Thain  presently  imprisoned 
within  this  tolbooth  for  her  disorderly  behaviour  and  frequenting  the 
company  of  soldiers  at  undue  seasons  to  be  drummed  through  this  town 
this  afternoon  at  three  o'clock  to  the  East  Port  and  from  henceforth 
banished  this  town  and  to  be  whiped  so  oft  as  she  shall  return. 

March  I5th. — A  whore  drummed.  Anna  Denoon,  daughter  of  the 
deceased  James  Denoon,  sometime  corporal  in  Colonel  Mordant's  Regi- 
ment, confessed  she  was  found  in  the  room  of  John  Herris,  a  soldier, 
below  the  bed  with  part  of  her  cloaths  off  when  the  town's  sergents 
came  in  quest  of  her.  She  is  to  be  confined  in  the  tolbooth  untill  Friday 
next  betwixt  the  hours  of  twelve  and  one  o'clock  afternoon  and  then  to 
be  conducted  by  the  town's  officers  and  drum  beating  first  to  the  west 
and  then  to  the  east  port  of  this  burgh  and  if  she  return  she  shall  be 
whipt  with  the  hand  of  the  common  hangman  and  drumed  publickly 
through  the  streets  so  oft  as  she  shall  return. 

April  9th.— The  vault  under  the  little  kirk  set  for  £5  Sc. 

April  23rd. — The  vault  under  the  tolbooth  set  for  £3  Sc.  The 
quarrels  at  Lossiemouth  set  for  £6  Sc.,  the  magistrates  reserving  the  use 
of  what  stones  they  require  for  the  public  use. 

A  I 


194  RECORDS  OF   ELGIN.  [1755- 

June  1 8th. — John  Marshall,  weaver  in  the  College  of  Elgin,  and 
Alexander  Falconer,  weaver  in  Elgin,  enacted  themselves  that  they  shall 
weave  linen  cloath  and  diaper  sufficiently  and  shall  observe  the  haill 
directions  given  by  the  Hon.  the  Trustees  for  improving  the  Fisherys 
and  Linncn  Manufactorys  in  Scotland  under  the  several  penaltys  con- 
tained in  the  several!  Acts  of  Parliament  made  thereanent. 

August  Qth. — Janet  Baird,  relict  of  William  Hay,  sometime  in  Dun- 
kinty,  is  expelled  the  burgh  for  keeping  a  disorderly  house. 

Anna  Bannerman,  daughter  of  John  Bannerman,  shoemaker,  within 
this  burgh  and  Anna  Gordon,  presently  prisoners  within  the  tolbooth 
"  for  unchast  and  indescent  behaviour  "  to  leave  this  burgh  and  never  to 
return  under  penalty  of  £5  and  they  submit  to  be  whipt  if  they  return. 

August  2oth. — William  Russell,  fiscall  of  court,  complained  upon 
George  Miln,  John  Cormie,  Alexr.  Lee,  James  Watson,  Thomas  Watson, 
Robert  Cuthbert,  John  Grant,  Robert  Geddes,  barbers  and  peruke  makers 
in  Elgin,  for  their  sheaving  and  dressing  wiggs  upon  the  Lord's  day  and 
craved  they  might  be  fined  in  terms  of  the  severall  laws  and  Acts  of 
Parliament  made  anent  Saboth  breakers  and  that  they  might  be 
incarcerated  until  they  find  caution  for  their  future  good  behaviour  in 
terms  of  law.  Some  of  the  accused  appear,  the  absents  are  fined  £$  Sc. 
Robert  Geddes  not  appearing  is  to  be  apprehended  and  incarcerat  untill 
he  appear  to  answer  the  complaint.  The  said  day  Robert  Geddes  being 
apprehended  and  interrogated  upon  the  complaint  acknowledges  that 
sometymes  he  has  been  called  upon  the  Lord's  day  to  the  houses  of  Sir 
Hary  Innes  of  Innes,  Willliam  King  of  Newmiln,  Sir  Robert  Innes  of 
Ortown,  Alexander  Petrie  and  Mrs.  Russell,  vintners  in  Elgin,  to  shave 
strangers  who  happened  to  be  there  accidentally  on  the  Lord's  day  and 
that  he  has  gone  and  shaved  them  and  dressed  their  wiggs  and  acknow- 
ledges that  he  has  shaved  some  of  the  inhabitants  of  the  burgh  of  Elgin 
his  customers  and  dressed  their  wigs  upon  the  Lord's  day  when  they  had 
occasion  to  be  from  home  on  Saturday  or  late  in  a  tavern  on  Saturday's 
night  and  that  sometymes  he  has  carried  some  of  his  customers'  wiggs 
home  on  Saboth  days'  morning  when  he  was  busy  shaveing  his  customers 
Saturday  night  and  when  the  customers  neglected  to  send  for  them  and 
declares  he  cannot  write.  The  bailies  find  he  has  been  guilty  of  a 
profanation  of  the  Saboth  and  therefor  fine  him  in  ten  pound  Scotts  and 
appoints  him  to  remain  in  prison  untill  he  find  caution  for  payment  and 
for  good  behaviour  in  tyme  comeing  for  two  years. 


I7S7-]  BURGH   COURT  BOOK.  195 

September  7th. — Michaelmas  Head  Court.  Lands  in  non-entry : 
William  Surges'  i8-part,  George  Chalmers'  i8-part,  the  lands  of  Pitten- 
sear  and  James  Ogilvie's  18  parts. 

October  3<Dth. — Head  Court  called  to  consider  a  submission  proposed 
to  be  entered  into  with  Lord  Bracco  and  Mr.  Duff  in  Old  Milns  with 
respect  to  the  proces  of  abstractions  at  Lord  Bracco  and  Mrs.  Duff's 
instance  against  several  of  the  inhabitants  and  the  proces  of  declarator 
at  the  Town's  instance  against  Lord  Bracco.  The  meeting  agreed  to 
arbitration. 

1756. 

April  I4th. — The  town's  four  butts  and  old  yeards  set  for  ,£8  148. 
yearly  for  three  years.  The  Lyperland  set  for  .£109  Sc.  besides  publick 
burdens,  said  £109  Sc.  to  be  free  rent  payable  to  the  Hospital.  The 
following  set  for  the  sums  specified  in  every  case  besides  publick  burdens  : 
Pittulie's  Hospital  croft  £34  Sc.,  the  Shooting  Acres  £55  Sc.,  the  Toun's 
Hospital  Croft  £18  143.  Sc.,  Goose  Crook  £16  135.  4d.  Sc.,  the  School 
Acre,  £24  IDS.  Sc.,  and  the  town's  Eighteen  part  £27  33.  4d.  Sc.  On 
26th  March  the  quarries  at  Lossiemouth,  the  loft  above  the  Hospital,  the 
vaults  under  the  Little  Church  and  Tolbooth  and  the  Horse  Post  Office 
exposed  to  roup  but  none  offered.  The  Shambles  meall  set  for  .£35  i6s. 
Sc.  The  Horse  Post  Office  thereafter  set  for  £16  Sc. 

September. — The  Head  Court  fine  each  absent  freeholder  £$  Sc. 

On  the  suit  roll  appear  Lord  Braco,  James  Innes,  surgeon,  Dr.  David 
Brodie  of  Main,  etc. 

October  3Oth. — The  custom  arising  from  malt  brought  from  the 
country  set  for  £8  stg. 

'757- 

March  gth. — The  Marywell  grass  let  for  three  years  at  £15   135.  Sc. 

September. — On  the  suit  roll  appear  Archibald  Dunbar  of  Newton, 
William  King  of  Newmiln,  John  Spens  of  Stankhouse,  Archibald  Duff 
of  Drummuir,  etc. 

December  6th. — Compeared  before  two  of  the  baillies  of  Elgin, 
Mr.  James  Cruden,  principal  master  of  the  Musick  School  of  Elgin, 


196  RECORDS  OF  ELGIN.  [l7S9- 

and  qualified  himself  to  the  Government  by  taking  and  swearing  the 
oaths  of  allegeance  and  abjuration  and  subscribing  the  same  with  the 
Assurance. 

1758. 

March  29th. — The  Vault  under  the  Little  Church  set  for  £5  Sc. 
The  sum  of  £2   I2s.  Sc.  offered  for  the  Gallowhill  grass. 
Dougal  Leaich,  soldier  in  Capt.  Gaubries'  Company  of  the  Regiment 
commanded  by  Colonel  Parslo  to  be  tried  for  rape. 


1759- 

January  3ist. — Margaret  Findlay  and  Anne  Torrie  ordained  to 
remain  in  prison  till  Saturday  next  and  until  they  find  caution  under  the 
penalty  of  100  merks  Sc.  each  to  leave  this  burgh  and  liberties  thereof 
and  not  to  return  in  any  time  hereafter.  They  were  guilty  of  profanation 
of  the  Lord's  day  by  drinking  in  the  house  of  David  Demster  upon 
Sunday  se'  night.  They  drank  part  of  three  bottles  of  ale  with  a  soldier 
James  Symers.  They  said  that  David  Demster's  wife  was  always  in 
company  with  them.  The  soldier  was  courting  Ann  Torrie  to  be  his  wife. 
One  of  the  town's  officers,  Andrew  Hosack,  came  in  and  quarrelled  them. 
David  Demster  said  they  were  drinking  a  civil  bottle  of  ale.  Andrew 
Hosack  deponed  that  he  was  informed  that  both  Ann  Torrie  and 
Margaret  Findlay  were  of  a  slight  behaviour.  David  Demster  is  ordained 
to  be  confined  in  the  prison  of  Elgin  until  eight  at  night  and  until  he 
find  caution  under  the  penalty  of  £100  Sc.  for  his  good  behaviour  for 
twelve  months. 

February  3rd. — George  Allan,  hyrer  in  Elgin,  becomes  caution  for 
David  Demster.  Annie  Torrie  was  liberate  in  respect  she  is  married  to 
James  Symers.  Margaret  Findlay  finding  caution  to  leave  the  burgh  is 
set  at  liberty. 

March  3ist. — Compeared  Andrew  Brander  and  became  cautioner  for 
Lachlan  Dunbar,  weaver  and  linen  manufacturer  in  Elgin,  that  he  shall 
weave  linen  cloth  in  terms  of  the  severall  statutes  made  thereanent  under 
the  penalty  of  five  pounds  Sterling.  In  like  manner  William  Proctor 


1760.]  BURGH  COURT   BOOK.  197 

becomes  cautioner  for  Daniel  Bain,  weaver  and  linen  manufacturer  in 
Elgin.  Also  Donald  Bain  becomes  cautioner  for  James  Anderson,  weaver. 

September  nth. — Head  Court  of  the  burgh  holden  by  Provest 
Robertson,  John  Laing,  John  Duff  and  Robert  Leslie,  baillies.  The 
said  day  being  the  second  Tuesday  of  September  the  present  condition 
and  circumstances  of  this  burgh  and  of  the  common  good  thereof  and 
the  Magistrates'  management  of  the  same  and  the  haill  office  bearers' 
books  &c.  accompts  for  the  last  year  being  exposed  twenty  days  pre- 
ceeding  this  date  were  this  day  read  over  for  the  satisfaction  of  burgeses 
and  inhabitants  and  none  appeared  to  object  against  them.  (Signed) 
Ja.  Robertson. 

December  1st. — The  baillies  sign  licenses  to  retail  ale  etc.  in  favour 
of  William  Williamson,  glover,  James  Shaw,  maltman,  and  John  Baron, 
shoemaker,  till  the  25th  October  next. 


I  760. 

February  2nd. — The  fiscall  complained  of  William  Stewart,  son  to 
William  Stewart,  hyrer  in  Elgin,  for  a  relapse  in  fornication  committed 
by  him  on  Elizabeth  Dunbar  and  therefore  craved  that  the  said  William 
Stewart  might  be  fyned  in  terms  of  law  and  committed  to  prison  till 
payment.  The  said  William  Stewart  being  apprehended  and  brought 
before  the  magistrates  acknowledged  that  he  had  two  children  got  in 
fornication  upon  the  said  Elizabeth  Dunbar  and  was  fyned  for  the  first 
transgression  by  the  magistrates  and  paid  the  same.  (Signed)  Wm. 
Stewart.  The  baillies  find  the  complaint  proven  by  William  Stewart's 
acknowledgement  and  therefore  fynes  him  in  twenty  pounds  Sc.  to  be 
applyed  in  terms  of  law  and  appoints  him  to  remain  in  prison  till  pay- 
ment. The  said  day  William  Stewart  having  paid  the  fine  was  liberate. 

April  1 7th. — Head  Court.  The  provost  represented  to  the  meeting 
that  the  Council!  had  about  three  years  ago  given  the  inhabitants  an 
attolerance  to  plant  potatoes  in  the  muir  which  belongs  to  the  town 
besouth  the  Cattails  or  Mosswards  that  after  the  Trades  had  been  at  a 
considerable  expense  in  enclosing  a  part  of  the  muir  for  preserving  their 
potatoes  the  Earle  of  Fyfe  had  complained  of  this  Inclosure  as  an 
incroachment  on  his  right  as  having  a  servitude  on  the  whole  muir  and 


198  RECORDS  OF  ELGIN.  [1762. 

had  procured  ane  interdict  first  from  the  Sherrif  and  afterwards  from  the 
Court  of  Session  by  which  the  inhabitants  were  stopped  from  planting 
any  more  potatoes  in  that  part  of  the  muir ;  that  the  inhabitants  had 
been  complaining  from  time  to  time  of  the  incroachments  made  by  the 
country  heritors  upon  the  town's  commontys  and  particularly  on  this 
muir  while  the  town  had  little  or  no  benefit  by  it,  that  the  muir  was  so 
barren  and  of  so  little  value  in  itself  that  it  would  not  bear  the  expence 
of  a  process  of  division  and  that  the  town  had  already  been  put  to  a 
greater  expence  in  preserving  their  interest  in  it  than  it  was  worth,  that 
the  Incorporated  Trades  had  offered  to  take  a  feu  of  that  part  of  the 
muir  which  they  had  lately  inclosed  and  had  offered  403.  stg.  yearly  feu- 
duty  therefore,  but  as  the  Council  could  not  grant  such  feu  without  the 
consent  of  the  Earle  of  Fyfe  and  Dr.  David  Brodie  of  Main,  they  had 
agreed  to  give  them  a  share  of  the  muir,  which  was  accepted  on  condition 
of  absolute  warrandice.  This  the  Head  Court  now  sanction,  also  they 
sanction  the  grant  to  the  Incorporated  Trades.  There  were  present  at 
said  Head  Court  134  members,  of  whom  Nos.  1-42  were  heritors  and 
burgesses  ;  43-51  smiths  ;  52-64  glovers  ;  65-80  taylors  ;  81-104  weavers  ; 
105-117  shoemakers  and  118-134  wrights.  [Seven  were  heritors  of 
eighteen  parts.] 

I  761. 

June  3rd. — David  Sim,  sheriff  officer  in  Elgin,  being  convict  of 
keeping  a  disorderly  house,  was  upon  his  own  application  banished 
the  burgh  and  libertys  thereof  for  ever  with  certification  that  if  he  return 
he  is  to  be  putt  upon  the  pillory  and  drumed  through  the  town  so  oft  as 
he  shall  return. 

September  loth. — Barbara  Reid  for  whorish  practices  expelled  the 
burgh,  and  if  she  return  to  be  whiped  by  the  hangman  or  drumed. 


I  762. 

July  3ist.— Janet  Laing,  presently  prisoner  in  the  tolbooth  of  Elgin, 
and  who  was  ordained  by  the  Lords  of  Justiciary  at  the  last  Circuit  of 
Inverness  to  be  execute  at  Elgin  for  the  crime  of  murder,  she  having 
now  received  a  pardon  is  liberated. 


1765.]  BURGH  COURT  BOOK.  199 

September  1st. — James  Allan,  procurator  fiscall,  complains  upon  John 
Cummine  in  Mostowie  and  twenty  six  others  for  casting  and  winning 
peats  and  fir  in  the  Moss  of  Mostowie  and  selling  the  same  through  the 
country  and  for  takeing  in  and  improveing  the  land  and  converting  the 
same  into  corn  land,  etc.,  and  had  been  guilty  of  aforesaid  offences 
repeated  times  within  these  seven  years  past.  Some  confess  they  sold 
peats,  took  middeneard  (or  moss  earth)  out  of  the  moss  and  mixed  it 
with  their  dung,  planted  potatoes  in  the  moss  and  sold  peats  to  people  in 
the  country  both  in  liets  and  loads. 

October  22nd. — The  vaults  under  the  tolbooth  to  be  set:  (i)  the 
vault  at  the  wester  end  entered  at  £3  Sc.,  (2)  the  westmost  vault  on  the 
north  side  of  the  tolbooth  entered  at  45.  stg. 


1764. 

April  23rd. — Mortification  of  a  half  quarter  or  aughteen  part  of  the 
lands  of  Over  Barflathills  and  half  quarter  or  aughteen  part  of  the  haugh 
thereof  pertaining  to  Alexander  Gordon  of  Cairnfield  lying  within  the 
barony  of  Kilmalimnock  to  Rev.  Francis  Chalmers,  Episcopal  minister, 
Elgin,  and  his  successors. 

May  2ist. — John  Hardie,  one  of  the  town's  officers  and  keeper  of  the 
gaol,  to  be  incarcerate  for  allowing  Thomas  Smith,  prisoner,  to  escape, 
and  his  coat  and  halbard  to  be  taken  from  him. 

July  7th. — Andrew  Russell  in  Mostowie  and  eighteen  others  fined  in 
£8  Sc.  each  and  confined  in  prison  till  payment  be  made  for  destroying 
the  moss,  building  houses  on  it,  enclosing  parts  of  it  and  planting 
potatoes  and  other  roots  and  vegetables  in  it,  etc. 

July  3 1st. — The  magistrates  set  at  liberty  the  tenants  of  Mostowie 
who  were  incarcerate,  being  served  with  a  copy  of  suspension  and  charge 
to  set  them  at  liberty. 

1765- 

April  3rd. — The  seats  in  the  new  loft  of  the  church  rouped  for  i8s.  6d., 
193.,  etc.,  each  a  year. 


200  RECORDS  OF  ELGIN. 

July  I  ith.— Kenneth  Leal  [a  name  that  figures  in  the  after  history  of 
the  county],*  late  farmer  in  Crookmuir,  now  in  Cross  of  Bishopmiln,  com- 
plains on  James  Mellis,  merchant,  as  to  a  bill.  Mellis  is  fined  £10  stg. 
for  an  insult  to  the  magistrates.  [Kenneth  Leal's  signature  here  appears]. 

October.  —  Licenses  granted  for  retailing  ale  and  other  excisable 
liquors  in  terms  of  the  Act  of  Parliament  of  the  fifth  year  of  the  reign 
of  his  present  Majesty  to  : — Lilias  Gumming,  vintner,  William  Donaldson, 
smith,  John  Hay,  town  officer,  Alexander  Petrie,  William  Arnot,  James 
Shaw,  George  Milne,  Robert  Gordon,  all  vintners,  James  Bower,  butcher, 
John  Baron,  shoemaker  [and  sixteen  others]. 

1766. 

March. — The  town's  aughtcen  part  rouped  at  £18  IDS.  Sc.  The 
anchorage  and  shore  dues  rouped  for  three  years  at  £5  stg.  yearly. 
John  Gumming,  merchant,  takes  a  tack  of  the  Gallowhill  grass  for  nine 
years  and  engages  to  enclose  the  lower  part  with  a  ditch  and  to  pay 
3os.  Sc.  yearly. 

September  3rd. — William  McAndrew,  glover  in  Elgin,  who  was  com- 
mitted to  prison  on  26th  August  by  authority  of  the  sheriff  substitute 
for  being  art  and  part  or  accessory  to  the  breaking  open  of  the  Excise 
Office  in  Elgin,  has  escaped  from  the  prison  (the  stones  on  the  head  of 
the  stair  below  the  door  and  the  stones  in  the  inside  and  outside  of  the 
door  had  been  raised,  the  locks  untouched).  The  other  prisoners,  John 
Ellis  and  James  Rhind,  had  not  escaped.  The  sum  of  £5  stg.  is  offered 
as  a  reward  for  his  re-apprehension. 

October  24th. — Licenses  (24  in  number)  for  retailing  ale  and  other 
exciseable  liquors  granted  to  two  shoemakers,  three  weavers,  one  gun- 
smith, one  proofman.  two  butchers,  two  town's  officers,  &c. 

1767. 

February  6th. — Margaret  Findlay  engages  to  leave  the  burgh  within 
a  month  and  never  to  return. 

*  One  Kenneth  Leal,  apparently  the  same  man,  robbed  the  post  on  the  road  between  Elgin 
and  Fochabers  in  December,  1772.  He  was  tried  at  Inverness,  and  hanged  on  the  spot  where 
the  deed  was  committed,  in  July,  1773. 


1768.]  BURGH   COURT   BOOK.  2OI 

June. — A  dispute  arises  betwixt  Linkwood  and  the  town  anent  their 
muirs  betwixt  the  town  and  the  lands  of  Linkwood. 

November  4th. — Kenneth  Leall  vintner,  offers  for  a  tack  of  the  petty 
customs  being  £58  yearly  for  three  years  [his  signature  appears  here], 
but  they  are  set  to  Thomas  Morison  for  £60  i  is. 


1768. 

February  22nd. — James  Allan,  procurator  fiscal  delates  to  the  Lord 
Justice  Clerk  for  trial  at  the  ensuing  Circuit  Court  Alexander  Clerk  and 
John  Dick  for  the  crime  of  murder  committed  on  Robert  Wilson. 

Roup  of  the  Common  Good  : — Cellar  below  the  stair  of  the  magis- 
trates' loft  in  the  kirk,  old  rent  £2  Sc.  yearly.  No  offers.  Lyper  land 
£114  Sc.  offered.  Pitullie's  Hospital  Croft  £53  IDS.  Sc.  offered.  Town's 
Hospital  Croft — James  Cruden,  schoolmaster,  offered  £27  Sc.  The 
Shooting  Acres  £59  Sc.  offered.  School  Aicker  £36  Sc.  offered.  The 
Goose  Crook  £\J  IDS.  offered.  The  town's  four  butts  and  old  yards 
£11  6s.  Sc.  offered.  Marywell  grass  £26  los.  Sc.  offered.  Churchyard 
grass  £26  2s.  offered.  Horse  Post  Office  £12  Sc.  offered.  Vault  under 
the  litle  church  £2  Sc.  offered.  Cellar  under  the  Council  house  stair 
2s.  Stg.  Loft  under  the  Hospital  £i  Stg.  Seats  in  the  New  Loft  in 
the  kirk: — (i)  195.  Stg.  (2)  193.  Stg.  (3)  No  offer.  (4)  No  offer. 
Shambles  mail  (£3  IDS.  present  rent).  No  offer. 

May  23rd. — Resignation  of  Glassgreen  and  Muirytack  in  favour  of 
Robert  Anderson  of  Linkwood  which  lands  formerly  pertained  to : 
(i)  Robert  Anderson,  elder  of  Linkwood ;  (2)  Robert  Anderson  of 
Linkwood  his  son  ;  (3)  Alexr.  Dunbar  ;  (4)  Sir  Alexr.  Innes  of  Coxtown  ; 
(5)  Sir  George  Innes  of  Coxtown  ;  (6)  James  Wiseman,  writer  in  Elgin  ; 
(7)  Mr.  John  Dunbar  of  Burgie ;  (8)  James  Anderson,  Commissary 
Clerk  of  Murray  and  Barbara  King  his  spouse ;  (9)  William  Anderson, 
Commissary  Clerk  of  Murray;  (10)  Robert  Anderson,  merchant,  Elgin, 
and  now  of  Linkwood.  [No.  10  is  brother  of  9.] 

There  is  reserved  to  the  Magistrates,  Councill  and  community  free 
use  of  the  greens  and  mosses  for  casting  and  winning  of  peats,  turfs,  &c., 
within  the  lands  of  Glasgreen,  commonly  called  the  mosses  and  muirs  of 
Glassgreen. 

B  i 


202  RECORDS  OF   ELGIN.  [I771- 

August  8th.— Resignation  of  the  lands  of  Bailiefield  and  Blackbog, 
commonly  called  Nether  Bogs,  in  favour  of  the  Earl  of  Findlater  by 
Dr.  Alex-".  Brodie,  son  of  Dr.  David  Brodie. 

October. — Thirty  six  licenses  granted  for  retailing  ale  and  other 
exciseable  liquors  to  James  Rhind,  breeches  maker,  &c. 

"  Provost  Innes's  Park "  resigned  in  favour  of  the  Earl  of  Findlater 
having  the  Moss  Wynd  at  the  west,  the  common  muir  at  the  south,  the 
park  that  pertained  to  James  Thain  and  now  to  Bailie  John  Laing  at  the 
cast  and  the  bu-rn  of  Tayock  at  the  north. 

1769. 

March  4th. — The  anchorage  and  shore  dues  at  Lossiemouth  set  for 

£7  Stg. 

July  22nd.— Head  Court  called  anent  the  division  of  the  muirs  and 
for  regulating  the  marches  'twixt  the  Earl  of  Findlater  as  proprietor  of 
Linkwood,  Glasgreens  and  Muirytack  and  the  town.  The  Court  authorise 
the  magistrates  to  proceed  with  the  division. 

September  I3th. — Robert  Grant,  bailie,  (now  deceased),  disponed 
(J759) to  William,  his  second  son,  that  part  of  the  Easter  Cattails  on  the 
south  side  of  the  burn  of  Tayock  on  the  east  by  the  highway  from  the 
town  of  Elgin  by  the  Maltfoord  of  Tayock,  where  there  is  now  a  stone 
bridge  to  the  Millntoun  of  Linkwood  on  the  south  by  the  muir  ground 
lately  improved,  &c.,  part  of  which  lands  are  formed  into  a  bleachfield 
called  Grant's  Green. 

1770. 

March  7th. — The  dung  of  the  streets  for  a  year  rouped  for  i6s.  Stg,, 
the  tacksman  to  have  right  to  all  the  dung  upon  the  High  Street  and 
School  Wynd  or  vennel,  he  to  remove  the  dung  twice  every  week. 


1771. 

March  nth. — Margaret  Fraser,  only  daughter  of  the  deceased  James 
Fraser,  Sheriff  Clerk  of  Murray,  served  heiress  in  special  to  her  mother, 
Margaret  Torrie,  in  a  rood  of  land  upon  the  south  side  of  the  burgh, 
called  St.  Duthack's  Manse. 


I777-]  BURGH  COURT  BOOK.  203 

1774- 

December  loth. — George  Stronach,  one  of  the  town's  officers,  to  be 
imprisoned  for  seven  days  for  permitting  Mary  Colpriest,  residenter  in 
Fochabers,  to  escape  out  of  the  prison. 

1775- 

September  3Oth. — Michaelmas  Head  Court  held  in  the  tolbooth.  On 
the  suit  roll  appear  the  names  of  Alexander  Brodie  of  Windyhills, 
Archibald  Duff  of  Drummuir,  Mr.  Lachlan  Shaw,  minister,  John 
Robertson  of  Peebles,  Archibald  Duff,  Sheriff  Clerk,  Robert  Anderson 
of  Linkwood,  Laurence  Sutherland  of  Greenhall,  William  King  of 
Newmiln,  William  Grant  of  Grantsgreen,  James  Grant  of  Loggie,  John 
Wiseman  of  Niddry's  Wynd,  &c.  Lands  in  non-entry : — the  lands  of 
Pittensair,  James  Robertson  of  Bishopmilne's  lands,  the  Earl  of  Fife's 
lands,  the  Earl  of  Findlater's  lands,  George  Chalmers'  aughteen  part, 
John  Davidson's  do.,  William  Burges's  do.  &c. 

1777. 

February  I7th. — Resignation  by  William  Spark  of  his  half  of  the 
quarter  of  the  town  and  lands  of  Barflethills  with  the  half  of  the 
quarter  part  of  the  haugh  which  lands  were  formerly  possessed  by 
James  Young,  glover  in  Elgin,  then  by  Robert  Donaldson  in  Manbeen 
then  by  William  Donaldson  his  son,  then  by  John  Brander,  merchant, 
then  by  William  Spark  and  Jean  Lorimer  his  spouse,  then  by  William 
Spark  their  son,  which  lands  of  old  made  a  part  of  the  barony  of 
Kilmalemock  but  now  are  within  the  territory  of  the  burgh  of  Elgin, 
parish  of  St.  Andrews  and  shire  of  Elgin,  and  now  disponed  to  Joseph 
Robertson. 

March  27th. — Elizabeth  Baxter,  spouse  to  Andrew  Davidson,  shoe- 
maker, who  has  been  confined  three  weeks  in  prison,  consents  to  three 
months'  imprisonment.  Her  crime  was  breaking  open  a  chest. 

October  4th. — The  magistrates  represented  that  the  Town  Council  of 
this  burgh  having  had  under  their  consideration  the  expediency  of  having 
lighted  lamps  in  the  high  streets  and  that  the  Councill  had  authorized 


204  RECORDS  OF   ELGIN.  [1780. 

the  Magistrates  to  call  a  Head  Court  this  day  to  have  the  opinion  and 
sanction  of  the  burgesses  and  inhabitants  thereanent  and  that  the 
magistrates  had  caused  the  court  to  be  intimated  three  severall  times 
through  the  town  by  tuck  of  drum,  126  persons  in  all  met  all  of  whom 
voted  for  lamps  except  Dr.  Alexr.  Dougall,  Dr.  Hugh  Dougall,  his  son, 
Alexr.  Innes,  tailor,  Robert  Allan  and  Andrew  Fenton  who  declared  that 
they  were  very  willing  to  contribute  their  share  voluntarily  for  the  support 
of  so  good  a  work  as  lamps  for  the  town  of  Elgin  but  declined  being 
taxed  by  any  man  or  set  of  men  whatever  either  for  themselves  or  for 
their  posterity. 


1780. 

March  I5th. — John  Sellar  in  Mill  of  Cruickmiln  and  presently 
prisoner  within  the  tolbooth  of  Elgin  in  virtue  of  a  caption  at  the 
instance  of  Thomas  Sellar,  writer  in  Edinburgh,  was  liberate  in  respect 
Thomas  Sellar  had  failed  to  aliment  him. 

March  22nd. — The  Gallowhill  Green  and  Hangman's  Croft  being 
exposed  for  seven  years  under  this  condition  that  the  occupier  and 
carrier  thereof  shall  not  sow  any  corns  thereon  but  shall  keep  the  same 
always  in  grass  and  shall  allow  the  people  who  come  to  the  publick 
market  with  cattle  or  sheep  to  stand  there  during  the  market  time  without 
molestation  and  the  same  was  carried  by  William  Hay,  weaver,  at  £i  of 
yearly  rent. 

June  igth. — -Robert  Murdoch  agrees  to  give  .£1  stg.  yearly  for  seven 
acres  of  the  waste  muir  extending  on  the  south  to  the  road  from  Main 
through  the  Trades'  Muir  and  on  the  west  by  that  part  of  the  muir  feued 
to  Mr.  George  Duff  and  on  the  north  to  the  road  from  Main  to  the  Miln 
of  Walkmiln  and  on  the  east  by  the  road  leading  along  the  west  side  of 
the  Trades'  Muir. 

June  23rd. — Resignation  in  favour  of  Alexander  Brander  of  that  moss 
ward  belonging  to  the  two  aughteen  parts  of  land  purchased  by  the 
deceased  George  Wilson,  merchant,  from  John  Spence  of  Stankhouse, 
extending  in  length  from  the  ends  of  the  crofts  of  Elgin  at  the  north  to 
the  burn  of  Tyock  at  the  south,  containing  32  spaces  in  breadth. 


1781.]  BURGH  COURT   BOOK.  205 

September. — Michaelmas  Head  Court.  Each  absent  freeholder  fined 
£5  Sc.  On  the  suit  roll :  Alexander  Brodie  of  Windyhills,  the  Convener 
of  the  Trades,  the  Deacon  of  the  Tailors,  the  Deacon  of  the  Shoemakers, 
the  Deacon  of  the  Weavers,  the  Warden  of  the  Masons  of  Kilmalenach 
[Kilmalemock  in  1782]  Lodge,  the  Warden  of  the  Trinity  Lodge  of 
Masons  in  Elgin,  the  Dean  of  Guildry  of  Elgin,  the  Hospital  Master, 
Laurence  Sutherland  of  Grcenhall,  William  King  of  Newmiln,  James 
Grant  of  Loggie,  Professor  Ogilvie,  James  Gray,  watchmaker,  Captain 
John  Innes  of  Leuchars,  Joseph  Robertson  of  Westfield,  George  Spark, 
watchmaker,  Lieut.  Alexander  Anderson  of  the  6gth  Regiment,  James 
Brander,  Pitgavenie,  Alexander  Brander  of  Kinnedore,  etc.  [73  in  all]. 
Lands  in  non-entry :  the  Earl  of  Findlater's  lands,  the  lands  of  Pittensair, 
Kirdels  and  Decroy,  Nether  Manbeen  and  Bogside,  George  Chalmers' 
aughteen  part,  William  Burgis'  aughteen  part,  James  Milne's  garden  in 
Lossie  Wynd,  etc.  [27  in  all]. 


1781. 

June  i6th. — The  shop  at  the  Little  Church  set  for  three  years  to 
John  Cormie,  barber,  for  i6s.  stg.  yearly. 

August  29th. — The  dung  or  fulie  on  the  High  Street  and  all  the 
other  streets  or  wynds  within  this  burgh  set  to  Robert  Smith,  writer, 
for  £1-0-3  yearly  on  condition  that  they  be  cleaned  regularly  once 
a  week. 

October  i8th. — Elspet  and  Isobel  Farquhars,  daughters  of  Alexander 
Farquhar,  day  labourer,  on  25th  July  last  agreed,  as  appeared  in  minute 
of  Session  aud  Act  of  the  Session  baillie  to  leave  the  town,  and  if  they 
returned  to  be  imprisoned,  yet  they  were  found  last  night  in  their  father's 
house  with  some  of  the  military.  They  were  imprisoned  last  night. 
They  now  compear.  They  said  they  came  to  town  yesterday,  intending 
to  go  to  the  country  to-day  and  carry  their  clothes  with  them,  and  that 
only  Alexander  McLeod,  a  recruit,  was  in  the  house  with  them,  and  he 
was  in  courtship  with  Elspet  Farquhar.  The  magistrates  ordain  them  to 
remain  in  prison  till  the  morning  of  the  2Oth,  and  then  to  be  conveyed 
by  two  of  the  town's  officers  to  the  Walkmiln  of  Braemuckaty,  and  the 
magistrates  hereby  banish  them  from  this  burgh  for  ever. 


206  RECORDS  OF   ELGIN.  [l785- 

1782. 

September  28th.— Several  of  the  burgesses  having  objected  against 
the  lamps  being  continued,  the  court  appoint  the  Corporations  to  give  in 
a  particular  state  of  their  objections,  so  as  the  same  may  be  laid  before 
the  Council,  whereupon  the  Convener  in  his  own  name  and  in  name  of 
the  several  Incorporations  protested  that  they  should  not  be  liable  for 
any  taxation  that  might  be  imposed  upon  them  by  the  Council  therefor. 

The  churchyard  grass  set  to  John  Mortimer,  farmer,  for  three  years 
at  £2  6s.  yearly. 

1783- 

November  7th. — In  presence  of  Baillies  Robertson,  Brander  and 
Young,  in  the  complaint  at  the  instance  of  the  procurator  fiscal  of  court 
against  Mr.  Francis  Russell,  advocate,  Robert  McCraw,  mason,  and 
James  Nicol,  mason,  for  pulling  down  the  West  Port  of  this  burgh,  the 
said  Mr.  Francis  Russell  was  fined  in  the  sum  of  £20  stg.  and  appointed 
to  rebuild  the  said  Port  against  the  first  day  of  May  next,  and  the  said 
Robert  McCraw  was  fined  in  the  sum  of  £3,  and  James  Nicol  £2  stg., 
and  appointed  to  remain  in  prison  for  fourteen  days. 

David  and  George  Murdochs  fined  £1  stg.  each  for  forestalling  the 
market. 

November  I5th. — Robert  McCraw  and  James  Nicol  on  their  petition 
are  set  at  liberty. 

1784. 

May  28th. — The  bailies  ordain  Sir  Alexander  Uunbar  of  Northfield 
to  remove  the  dyke  he  is  building  upon  the  High  Street  opposite  to  his 
great  lodging. 

1785. 

June  22nd. — Head  Court  held  anent  the  town  selling  the  muir  called 
Stracant,  it  being  of  no  value  to  the  burgesses  or  advantage  to  the 
common  good,  seeing  the  Magistrates  and  Town  Council  had  of  late 
expended  very  considerahle  sums  in  building  of  piers  at  Lossiemouth, 
which  had  involved  the  town  in  debt.  No  burgesses  appear  to  object. 


1 793-]  BURGH  COURT  BOOK.  207 

October  26th. — Half  of  the  lands  of  Messondew  set  in  tack  for  nine 
years  at  a  rent  of  eight  bolls  victual  and  £8-9-8  stg.  of  money, 
besides  ministers'  stipends  and  other  public  burdens.  The  other  half  set 
for  eight  bolls  victual  and  £10-9-8  stg.  of  money,  etc. 

1789. 

August  6th. — John  Munro,  dyer,  and  others  become  bound  to  the 
Town  Council  and  in  name  of  the  inhabitants  of  the  east  end  of  the 
town  to  keep  in  repair  the  pump  and  covering  to  be  erected  on  the  well 
called  the  New  Well. 

1790. 

October  25th. — Compeared  William  Golf,  a  strolling  player,  who 
having  been  convicted  of  counterfeiting  peauter  or  lead  dollars,  the 
magistrates  hereby  banish  him  from  the  liberties  of  this  town,  certifying 
him  that  if  he  again  return  he  will  be  apprehended,  imprisoned  and 
whipped  through  the  streets  of  this  burgh.  He  consents  to  banishment 
and  delivers  up  the  mould  and  other  implements  found  in  his  custody. 

1791. 

April  i6th. —  In  letting  the  street  dung  the  streets  are  divided  into 
lots:  (i)  From  the  westmost  boundary  of  the  town  down  till  the  Tol- 
booth  ;  (2)  From  the  Tolbooth  down  till  the  Cross  ;  (3)  From. the  Cross 
down  till  Linkwood's  Closs  including  both  the  Shambles  and  School 
Wynds ;  (4)  From  Linkwood's  Closs  till  the  East  Port  including  the 
Friar  and  Lazarus  Wynds  and  what  part  of  the  colledge  is  within  the 
limits  of  the  town.  The  streets  in  winter  are  to  be  regularly  cleaned 
twice  a  week  and  oftener  if  the  Magistrates  direct.  The  lots  were  put 
up  at  5s.  each  but  no  one  offered. 

1793- 

January  22nd. — Resignation  of  two  aughteen  parts  which  belonged 
to  John  Ross,  mason,  then  to  John  Petrie  and  were  disponed  by  John 
Petrie  to  Rev.  Mr.  David  Renton  and  Mr.  William  Peterkin,  ministers  in 
Elgin  and  the  Kirk  Session  of  Elgin  in  terms  of  Mortification,  I2th 
June,  1777. 


208  RECORDS  OF  ELGIN.  [l795- 

February  4th. — The  Magistrates  direct  that  the  town's  officers  allow 
no  spirits  to  be  carried  in  to  prisoners  confined  for  crimes  nor  any 
company  to  be  permitted  to  visit  them. 

Michaelmas. — 83  on  the  suit  roll,  25  lands  in  non-entry.  The  suit 
roll  includes  the  Convener  of  the  Trades,  the  Deacon  of  the  Tailors,  the 
Warden  of  the  Kilnmalemock  Lodge  of  Masons,  the  Dean  of  Guild,  the 
Hospital  Master,  Lawrence  Sutherland  of  Greenhall,  Wm.  King  of  New- 
miln,  Professor  Ogilvie,  the  Deacon  of  the  Shoemakers,  Alexr.  Batchin, 
senr.,  farmer,  the  Warden  of  the  Trinity  Lodge  of  Masons,  George  Spark, 
watchmaker,  Thomas  Stephen,  physician,  James  Miln  of  Bishopmiln, 
John  Brander  of  Pitgaveny,  the  Preses  and  Treasurer  of  the  Friendly 
Society,  the  Preses  and  Treasurer  of  the  St.  Giles'  Society,  the  Deacon 
of  the  Wrights,  Dr.  James  Coull  of  Ashgrove.  In  non-entry : — George 
Chalmers1  aughteen  part,  the  lands  of  Pittensear,  James  Milne's  garden 
in  Lossie  Wynd,  Kirdles  and  Delcroy,  Nether  Manbeen  and  Bogside, 
Drummuir's  lands,  Earl  Findlater's  lands,  etc. 

1794. 

The  Petty  Customs  set  to  John  Junkin  for  £71  stg.  The  following  set 
for  nine  years:— The  Goose  Crook  to  John  Watson  for  £i  -  17  -  6,  the 
Gallowgrecn  and  Hangman's  Croft  to  William  Hendry  for  £\  (under  the 
burden  of  using  the  same  for  a  cattle  market),  Marywell  grass  to  Thomas 
Grant  for  £3  35.  yearly,  with  liberty  to  the  inhabitants  on  foot  to  go  to 
and  from  the  well  on  the  premises  called  Marywell. 

The  town's  four  butts  and  old  yards  to  Thos.  Grant  for  273. 

The  town's  aughten  part  to  John  Petrie  for  £2   153. 

The  town's  half  ward  to  John  Batchin  for  £2. 

The  School  Acre  to  John  Miller  for  £3  us. 

Bailie  McKenzie's  croft  belonging  to  the  town's  Hospital  to  P.  Riach 
for  505. 

2\  crofts  belonging  to  the  Town's  Mortification  to  James  Knight  for 
£6-0-6. 

J795- 

March. — The  Shambles  mails  set  for  £g  95.  to  James  Duffus ;  the 
eight  booths  in  the  new  Shambles  for  IDS.  each  yearly ;  the  Churchyard 
grass  set  up  but  no  offerers. 


1 799-]  BURGH  COURT   BOOK.  209 


1796. 

February  I5th. — Resignation  of  ane  aughteen  part  of  the  grieshop 
lands  with  half  of  the  grass  land  belonging  to  the  said  aughteen  part 
commonly  called  the  Boggs  of  Elgin  to  the  Friendly  Society  of  Elgin. 

May  25th. — The  Town  Council  and  Sir  Archibald  Dunbar  of  North- 
field,  Bart,  respectively  agree  to  submit  to  arbiters  the  question  of  their 
rights  to  the  customs  of  Burghead. 


1797. 

The  old  yards  and  the  two-third  parts  of  Croft  Croy  set  in  tack,  the 
former  for  303.  the  five  westmost  rigs  of  Croft  Croy  and  the  other  five 
rigs  of  Croft  Croy  at  £3  stg.  with  the  attolerance  that  the  horse  and 
cattle  markets  be  held  there. 

July  ist. — William  Leslie,  elder  and  younger,  in  Crofts  of  Rothes, 
resign  in  favour  of  James,  Earl  of  Findlater  and  Seaficld,  the  two 
aughteen  parts  of  the  Greeship  lands  of  Elgin  and  common  grass  land 
thereof,  excepting  the  peat  moss  ward  (which  was  disponed  to  John 
Stephen,  merchant).  The  Magistrates  and  Town  Council  of  Elgin  are 
superiors  of  the  said  aughteen  parts. 

September  I4th. — Head  Court.  The  Magistrates  report  that  Sir 
Archibald  Dunbar  offered  the  town  £$2  IDS.  stg.  for  their  right  in  the 
customs  of  the  harbour  of  Burghead,  and  that  the  Town  Council  had 
agreed  if  the  Head  Court  approved.  Several  members  request  till 
to-morrow  to  consult  thereanent.  September  i6th. — The  Court  by  a 
great  majority  of  voices  declared  against  the  sale  of  the  customs  of 
Burghead. 

1799. 

August  24th. — This  day  let  in  perpetual  feu  by  public  roup  the 
Easter  and  Wester  Muirs  belonging  to  the  town,  entry  to  be  at  Martinmas, 
1804.  They  were  set  up  in  three  lots  :  (i)  That  part  of  the  muir  ground 
on  the  east  of  the  Trades  Park  and  to  the  east  of  the  Rothes  and  Birney 
road,  consisting  of  34  acres,  3  roods  and  13  falls  (reserving  2  ac.,  3  ro., 

C  I 


210  RECORDS  OF  ELGIN.  [1799- 

8  falls,  a  piece  of  ground  full  of  sandbanks  and  covered  with  whins  going 
east  to  Mr.  Mellis'  plantation  and  west  to  the  Trades  Park  as  a  common 
for  the  several  proprietors  taking  sand  to  make  up  their  wairds  and 
cattails)  bounded  thus — on  the  west  by  the  Trades  Muir,  on  the  east  by 
the  lands  of  Linkwood  and  Muirtown,  on  the  south  by  the  lands  of 
Glasgreen  and  Muirytack  and  the  park  of  Muirtown  and  on  the  north  by 
the  sandy  ground  referred  to  above ;  (2)  That  ground  west  of  Provost 
Brander's  property  in  extent  12  acres  i  rood  bounded  on  the  north  by 
the  muir  formerly  belonging  to  the  Incorporation  of  Taylors  and  now 
the  property  of  Dr.  Thomas  Stephen,  on  the  east  by  the  property  of 
Provost  Brander,  on  the  south  by  the  remaining  parts  of  the  town's  lands 
and  on  the  west  by  the  muir  ground  of  Bilbohall  belonging  to  Hon. 
George  Duff  reserving  a  16  foot  broad  road  on  the  east  side  of  this  lot 
betwixt  the  same  and  Provost  Brander's  property  as  also  the  16  foot 
broad  road  on  the  south  side  between  the  same  and  lot  third  as  the  mill 
road  for  the  lands  of  Main  ;  (3)  The  remaining  part  of  the  Town's  muir 
consisting  of  17  acres  3  roods  33  falls  bounded  on  the  east  partly  by  the 
Trades  Muir  and  partly  by  the  lands  of  Glassgreen  on  the  west,  by  the 
muirlands  of  Bilbohall  on  the  south,  by  that  part  of  the  muir  lately  feued 
off  to  the  Earl  of  Findlater  and  on  the  north  by  Lot  2nd  by  division 
therefrom  by  the  said  mill  road  reserving  a  road  16  foot  broad  on  the 
east  side  of  this  lot  leading  from  north  to  south. 

The  ground  was  set  up  as  follows :  the  three  southmost  lots  of  the 
west  muir  in  one  division,  the  northmost  one  in  another  and  the  whole 
of  the  cast  muir  to  be  set  in  a  third.  Lots  2,  3  and  4  on  the  plan  of  the 
Wester  Muir  carried  by  Mr.  Alexander  Young  at  the  Elgin  Brewery  at 
the  annual  feu-duty  of  £1  8s.  stg.  Lot  i  (12  acres  i  rood)  carried  by 
Provost  Alexander  Brander  at  2 is.  per  acre.  The  whole  of  the  Easter 
Muir  except  the  sandy  ground  (of  2  acres  3  roods  8  falls)  carried  by 
Dr.  James  Coull  of  Ashgrove  at  2 is.  stg. 

September  28th. — Names  on  the  roll  85  but  only  5  present.  The 
magistrates  fine  each  absent  member  in  five  pounds  Scots.  The  names 
on  the  roll  include  the  Earl  of  Findlater,  Laurence  Sutherland  of  Green- 
hall,  James  Miln  of  Bishopmiln,  William  King  of  Newmiln,  John  Brander 
of  Pitgaveny,  John  Gatherer,  writer,  William  Rose,  Balivat,  the  Convener 
of  the  Trades,  the  Deacon  of  the  Taylors,  the  Deacon  of  the  Wrights, 
the  Deacon  of  the  Weavers,  the  Deacon  of  the  Shoemakers,  the  Society 


1803.]  BURGH   COURT  BOOK.  211 

of  Gardeners,  the  Warden  of  the  Kilmolymock  Lodge  of  Masons,  the 
Warden  of  the  Trinity  Lodge  of  Masons,  the  Preses  and  Treasurer  of 
the  Friendly  Society,  the  Preses  and  Treasurer  of  the  St.  Giles  Society, 
Alexander  Culbard,  glover,  Patrick  Duff,  writer,  etc.  Lands  in  non- 
entry — 25,  including  the  lands  of  Pittensear,  George  Chalmers'  aughteen 
part,  Drummuir's  lands,  Kirdels  and  Delcroy,  Nether  Manbean  and 
Bogside. 

I  800. 

March  loth. — The  dwelling  house  and  pertinents  at  Lossiemouth  let 
for  £5  55.  to  James  Martin,  vintner,  present  tenant,  under  this  express 
condition  that  the  tenant  shall  be  bound  to  accommodate  strangers 
resorting  to  Lossiemouth  at  the  common  rate  in  the  country.  The 
anchorage  and  shore  dues  let  for  three  years  at  ,£35  stg.  per  annum. 
The  common  pasture  lands  let  at  £2  55.  stg.,  the  feuars  of  Lossiemouth 
being  allowed  to  pasture  their  horses  and  cattle  on  their  paying  for  each 
beast  a  proportion  effeiring  to  the  rent  offered. 


1801. 

The  town's  aughteen  part  as  now  set  apart  by  the  late  division  of 
these  lands  is  set  in  tack  for  nine  years  at  .£10  is.  yearly,  exclusive  of 
stipend  and  other  public  burdens. 


1803. 

The  following  are  set  for  nine  years :  the  Goose  Crook  £2  ios.,  the 
Gallowgreen  and  Hangman's  croft  £l  -  O  -  6,  the  Marywell  grass  £3  33., 
the  town  of  Elgin's  Halfward  £2,  the  School  Acre  (£7  ios.)  excluding 
the  Snuff  croft,  Bailie  McKenzie's  croft  £2  ios.,  2\  crofts  belonging  to 
the  Town's  Mortification  £7  145.,  lands  of  Croft  Croy  (£4)  with  the 
4  butts  (ios.)  and  Old  Yards  (303.),  five  seats  in  the  loft  of  the  parish 
church  (average  gs.)  and  two  in  the  Middle  Loft  (average  153.)  and  the 
vault  under  the  Council  room,  £l.  The  Petty  Customs  set  for  £72  ios. 


Shield  built  into  Dr.  Adam's  House,  Elgin. 


Shield  built  into  Dr.  Mackay's  House,  Elgin. 


REFERENCES  TO  ELGIN  IN  THE  REGISTER  OF  THE 
PRIVY  COUNCIL  d549-i65o). 

1549,  July  3rd. —  Taxation  of  certain  named  Burghs  for  the  payment  of 
arrears  due  to  Mr.  James  Haliburton  and  his  body  of  horse  defending 
Dundee.  Mr.  James  Haliburton,  tutor  of  Pitcur,  lay  in  the  town  of 
Dundee  for  three  months  "  for  resisting  of  our  auld  enimeis  in  Ingland  " 
with  twenty-four  horsemen,  each  to  receive  5s.  a  day  and  the  said  James 
and  his  servants  two  crowns  of  the  sun.  For  payment  of  the  wages  of 
these  it  is  ordained  that  eleven  burghs  pay  from  20  merks  to  100  pounds 
each  "be  ressoun  that  they  ly  fardest  from  danger  of  the  Inglischmen 
and  is  not  daylie  impesched  with  them  lykeas  uther  borrovvis  of  this 
realme  ar."  Elgin  is  ordained  to  pay  50  merks. 

1561-2,  February  I5th. — The  "auld  possessers"  of  benefices  to  be 
assured  of  the  fruits  subject  to  the  deduction  of  one-third  for  the  susten- 
tation  of  preachers  and  readers.  The  revenues  within  burghs  of 
chaplainries  and  priories  and  of  priories  everywhere  to  be  raised  and 
applied  by  the  Queen  to  hospitals,  schools  and  other  godly  uses.  The 
suitableness  of  the  priory  edifices  for  colleges,  schools  and  hospitals. 
Proclamation  that  where  these  are  undemolished  they  be  upheld  and  in 
the  meantime  supported  from  municipal  funds.  "  And  knawing  that 
nathing  is  mair  commodious  for  the  said  hospitalitie  nor  the  places  of 
freris,  as  yit  standand  undemolissit,  as  als  to  the  intertenying  of  scolis, 
collegis  and  utheris  usis  foirsaidis,  ordanis  the  Provest  and  Baillies  of 
Abirdene,  Elgin  in  Murray,  Invernes,  Glasgow  and  utheris  borrowis  of 
this  realme  quhair  the  samyn  ar  nocht  demolissit  to  interteny  and  uphald 
the  saidis  freris  places  standand  in  the  saidis  townis  upon  the  commone 
guidis  thairof,  and  to  use  the  samyn  to  the  commone  weill  and  service  of 
the  saidis  townis,  ay  and  quhill  the  Quenis  Majestic  be  forther  avysit." 

(213) 


214  RECORDS  OF  ELGIN.  [1567. 

Apud  Edinburgh  xiiij  Februarii  anno  etc.  Ixvii.  Sederunt :  Jacobus, 
Dominus  Regens,  Jacobus,  Comes  de  Mortoun,  Joannes,  Comes  de  Atholl, 
Georgius,  Comes  de  Caithnes,  Magister  de  Grahame,  Patricius,  Dominus 
Lindesay,  Joannes,  Dominus  Glammis,  Robertus,  Dominus  Boyd,  Alanus 
Dominus  Cathcart,  Alexander,  Dominus  Saltoun,  Andreas  Dominus 
Uchiltre,  Episcopus  Orchadensis,  Episcopus  de  Galloway,  Commendatarius 
de  Coldinghame,  Secretarius,  Clericus  Registri.  Forsamekill  as  pre- 
positioun  being  maid  to  the  Lordis  of  Articles  of  oure  Soverane  Lordis 
lait  Parliament  of  the  greit  zeale  and  cair  borne  be  my  Lord  Regentis 
grace  to  the  establissing  of  peace  and  justice  in  this  commoun  weill  as 
his  proccdingis  heirtofoir  sen  the  acceptatioun  of  his  office  hes  gevin 
sufficient  testimony ;  bot  as  mony  thingis  yit  remanis  unperformit 
quhilkis  with  the  assistance  of  God  in  proces  of  tyme  mon  be  done ;  sa  it 
is  requisit  that  sum  provisioun  be  fund  out  and  maid  for  the  intertening 
of  the  men  of  weir  quhais  service  can  nocht  be  sparit  quhill  the  rebellious 
and  dissobedient  subjcctis  troublaris  of  the  commoun  weill  in  all  partis  of 
this  realme  be  reducit  to  the  dew  obedience  of  our  Soverane  Lordis 
authoritie  and  observatioun  of  his  Hienes  peace.  And  the  said  Lordis 
understanding  that  the  leid  upoun  the  cathedrall  kirkis  of  Abirdene  and 
Elgin  is  for  ane  greit  part  be  diverse  personis  thiftuouslie  stowin  and 
takin  away  na  commoditie  of  the  samyn  cumand  to  the  commoun  weill 
of  this  realme  thairfoir  devysit,  ordanit  and  concludit  be  the  saidis 
Lordis  that  the  leidis  of  the  saidis  kirkis  salbc  takin  doun  with  diligence 
and  sauld  and  disponit  upoun  for  interteneing  and  sustentatioun  of  the 
saidis  men  of  weir  and  utheris  neidfull  chargeis  of  the  commoun  weill  of 
this  realme  sa  far  as  the  samyn  extendis  to  at  the  discretioun  of  my 
Lord  Regent  lyke  as  at  mair  lenth  is  contenit  in  the  Act  of  Parliament 
maid  thairupoun." 

Authority  was  given  to  Alexander  Clerk  and  William  Birny,  burgesses 
of  Edinburgh  to  go  to  these  Cathedral  kirks,  take  down  the  lead  and 
transport,  sell  and  dispone  it  and  account  therefor  and  commanding  the 
following  persons  to  aid  the  said  Alexander  Clerk  and  William  Birny  in 
this  work,  and  "  caus  thame  be  furnissit  of  meit,  drink,  servandis,  werkmen 
and  utheris  thingis  necessar  at  thair  ressonabill  expenssis:  Alexander 
Dunbar  of  Cumnok,  knycht,  sheref  of  Elgin  and  Fores,  and  his  deputtis, 
Patrick,  Bischop  of  Murray,  Johnne  Annand,  provost  of  Elgin,  the 
baillies  of  Elgin"  and  the  corresponding  officials  of  Aberdeen. 


1569.]  PRIVY  COUNCIL  REGISTER.  21$ 

1567,  July  2 1  St.— Flight  of  Bothwell  to  the  North.  Patrick,  Bishop 
of  Murray,  harbouring  him  in  his  Castle  of  Spynie,  is  to  be  held  as  an 
accomplice.  Prohibition  against  payment  of  rents  and  dues  to  the  Bishop. 

1569,  June  2 ist. — "  Apud  Invernes.  The  quhilk  day  Walter  Urquhart, 
Sheref  of  Cromarty,  became  souertie  for  Andro  Grant  in  Rossmarky  that 
he  sail  compeir  befoir  the  Justice  or  his  deputtis  in  the  Tolbuyth  of  Elgin 
upoun  fuirsday  nixtocum  at  ten  houris  befoir  none  undir  the  pane  of  Vc. 
merkis."  Similarly  William  Barbour  in  the  Chanonry  of  Ross  and 
William  Barbour,  his  son,  to  appear  at  said  time  and  place. 

1 569. — The  Regent  Moray  made  an  expedition  with  an  armed  force 
to  the  North.  Council  meetings  were  held  between  3rd  June  and  nth 
July  at  Dunnottar,  Aberdeen,  Elgin  and  Inverness,  then  retrogressivcly 
at  Elgin  and  Aberdeen  again.  Morton  and  others  of  the  Council 
accompanied  the  Regent. 

"  Apud  Abirdene,  octavo  die  mensis  Julii  anno  etc.  Ixix.  Sederunt : 
Jacobus  Dominus  Regens.  Jacobus  Comes  de  Mortoun.  Joannes,  Comes 
de  Atholl.  Patricius  Dominus  Lindesay.  Magister  de  Marscheall.  Com- 
mendatarius  Dunfermling.  Commendatarius  Balmerynoch.  Thesaurarius. 
Clericus  Registri.  Clericus  Justiciarie.  Forsamekill,  as  my  Lord  Regentis 
grace,  ane  reverend  Fader  in  God,  Patrik,  Bischop  of  Murray,  the 
Chantour,  Thesaurare,  and  diverse  utheris  channonis  of  the  cathedral! 
kirk  of  Murray,  willing  to  repair  the  samyn,  hes  condisccndit  to  satisfie, 
content  and  pay  ane  ressonabill  contributioun,  for  mending,  theking  and 
reparaling  of  the  cathedral  kirk  of  Murray  to  the  effect  that  the  same 
may  be  a  convenient  place  to  convene  the  people  for  hering  of  the  word 
of  God  ;  and  considdering  that  thai  frelie  and  liberallie  hes  condiscendit 
to  this  lovabill  werk,  tending  to  the  commoun  weill,  the  furthsetting  of 
Goddis  glorie  and  decoratioun  of  the  cuntre,  it  is  ressonabill  that  the 
Prelattis,  channonis  and  beneficit  men  within  the  diocie  of  Murray 
contribute  with  thame  that  hes  ellis  willinglie  offerit  contributioun  ;  swa 
that  the  support  of  mony  concurring  togidder,  the  burding  may  be  the 
mair  tollerabill  to  the  haill." 

The  Abbot  of  Kinloss,  the  Prior  of  Pluscarden,  canons,  parsons, 
vicars,  etc.,  are  charged  to  pass  to  the  town  of  Elgin  within  fifteen  days 
to  Maister  Hew  Craigie,  parson  of  Innerkething,  appointed  master  of  the 
said  work,  and  enter  their  contribution  according  to  the  value  of  their 
benefice.  All  not  subscribing  to  be  taxed. 


2l6  RECORDS  OF  ELGIN.  [l578- 

1574-5,  March  23rd.— Complaint  to  the  Council  by  Blair  Alves, 
burgess  of  Elgin :— Isabel  Davidson,  his  spouse,  was  visited  by  deadly 
sickness  in  March,  1573,  and  sent  for  Alexander  Winsister,  minister  at 
the  kirk  of  Elgin,  to  visit  her  and  make  her  testament.  He  refused  to 
make  it  unless  she  consented  to  what  he  wished.  But  he  made  a 
pretended  testament,  signed  by  him,  without  witnesses,  leaving  legacies 
to  sundry  persons,  and  these  persons  now  poind  Blair  Alves'  goods  for 
said  legacies.  Alexander  Winchester  was  ordered  by  George,  Bishop  of 
Murray,  and  the  elders  of  the  kirk  of  Elgin  to  deliver  the  said  Testament, 
but  he  refuses.  He  compears  before  the  Council,  confesses  the  making 
of  the  Testament  and  that  it  was  at  Isabel's  request  and  that  no  witnesses 
were  insert  and  that  he  never  was  in  the  habit  of  having  witnesses. 
The  Privy  Council  find  his  conduct  inorderly  and  against  the  daily 
practice  of  this  realm,  and  therefore  declare  that  Testament  null.  The 
Bishop  of  Murray  is  ordered  to  cause  Alexander  Winchester  pay  all 
expenses. 

1574,  April  27th. — Alexander  Dunbar  of  Cumnok,  Sheriff  of  Elgin 
and  Forres,  James  Dunbar  of  Mawerstown,  James  Dunbar  of  Norten, 
and  Gawin  Dunbar,  Archdene  of  Moray,  denounced  and  put  to  the  horn 
and  their  goods  to  be  escheat.  The  said  Alexander  Dunbar  "  hes  during 
all  the  tyme  of  the  lait  troublis  plainlie  rebellit  aganis  our  Soverane  Lord 
and  his  authorise,  and  as  yit  hes  not  subject  himself  to  his  Majesties 
obedience  or  ressavit  his  Hienes  favour  bot  plainlie  contempnand  all 
gude  lawis  and  ordinances  hes  usurpit  ane  tyrannical  jurisdiction  of  the 
said  scherefship  and  of  the  Provestrie  of  the  burgh  of  Fores  drawand  ane 
greit  nowmer  of  our  Souerane  Lordis  meane  subjectis  to  a  rebellioun 
aganis  his  Majestic  and  his  authoritie  and  to  a  plane  seditioun  in  the 
cuntrie  quhair  he  dwellis  takand  the  grittar  occasioun  of  his  mischevous 
interprysis  throw  the  distance  of  that  place  quhair  he  remanis  frome  the 
sait  and  place  of  ordinar  justice  putting  himself  thairby  in  sure  esperance 
that  he  sail  not  be  punist  for  his  demerittis."  [The  said  Sheriff  has  been 
often  denounced  rebel  and  put  to  the  horn  for  not  fulfilling  decreets 
obtained  against  him  by  his  creditors.] 

1577-78,  January  24th. — Anent  our  Sovereign's  letters  raised  at  the 
instance  of  Alexander  Winsister,  minister  in  Elgin,  making  mention  that 
quhair  James  Dunbar,  Sheriff  of  Moray,  causit  charge  the  said  Alexander, 
ipth  October  last,  at  the  marcat  crose  of  Elgin  to  answer  for  art  and  part 


1 579-]  PRIVY  COUNCIL  REGISTER.  217 

of  the  slaughter  of  Elizabeth  Dunbar,  daughter  to  Maister  Alexander 
Dunbar,  dean  of  Murray  (of  which  the  said  Alexander  is  most  innocent 
and  was  not  present),  and  directed  his  officers  to  the  said  Alexander's 
house  and  made  inventory  of  his  goods  and  would  have  intromitted 
therewith  had  not  John  Annand,  provost  of  Elgin,  Maister  James  Gairdin, 
William  Hardie,  Thomas  Robertson  and  David  Winsister,  burgesses, 
become  caution  for  him,  he  being  absent.  The  Sheriff  ordered  the 
sureties  on  two  or  three  days  notice  to  enter  the  said  Alexander  before 
him,  knowing  he  was  absent  in  Edinburgh,  complaining  upon  the  said 
Sheriff.  The  Sheriff  calls  on  the  sureties  to  present  him  at  Forres  on 
29th  October.  They  appear  and  protest  against  the  illegality.  The 
Sheriff  decerns  the  sureties  to  have  incurred  the  pane  of  1000  merks,  and 
orders  his  officers  to  thresh  out  the  sureties'  corn.  The  sureties  paid  40 
merks  each.  The  Sheriff  orders  his  officers  to  intromit  with  Alexander 
Winsister's  haill  guidis,  alleging  that  he  through  non-compeimnce  on 
29th  October  was  put  to  the  horn.  They  threshed  his  corn.  Alexander 
Winchester  compears  but  neither  the  Sheriff  nor  his  deputes,  therefore 
James  Dunbar,  Sheriff  of  Moray,  Alexander  Dunbar  of  Thornhill,  John 
Rutherford,  burgess  of  Elgin,  James  Henry,  John  Moir,  burgesses  of 
Forres,  Maister  John  Dunbar  of  Meftis  and  James  Urquhart,  burgess  of 
Forres,  are  all  put  to  the  horn.  April  2ist. — William  Crcichtoun,  tutor 
of  Sanquhar,  and  William  Crichton  of  Liberie  become  sureties  for  James 
Dunbar,  Sheriff  of  Moray,  and  others. 

1578,  July  7th. — Case  of  Sheriff  of  Moray  and  others  against  James, 
Prior  of  Pluscarden,  and  Alexander  Winchester,  minister  of  Elgin. 
Parties  called.  The  sheriff  and  deputes  not  compcaring  the  Prior  and 
Alexander  Winchester  compear  and  protest. 

1578,  October  nth. — Order  for  three  armed  levies  of  the  lieges  to 
meet  on  the  Borders :  Third  levy — all  the  lieges  between  60  and  16  in 
Aberdeenshire  to  Inverness-shire  to  meet  His  Majesty's  lieutenant  at 
Peebles  on  1st  December. 

1578,  November  3rd. — Caution  by  John  Livingstone,  yr.  of  Denypace, 
in  £1000  for  James  Dunbar,  sheriff  of  Murray,  and  in  £1000  for  each  of 
his  deputies  to  compear,  24th  January,  before  the  Council  (see  7th  July, 
1578,  supra). 

1 578-9,  January  26th. — Suspension  of  the  Commission  given  to 
Lauchlan  Macintosh  of  Dunnauchtane,  Robert  Innes  of  Innermarkie 

D  I 


2l8  RECORDS  OF   ELGIN.  [l59°- 

and  others  at  the  instance  of  Alexander  Winchester  against  the  Sheriff 
of  Moray  to  pursue  the  Sheriff,  kin  and  friends  by  fire  and  sword.  The 
Sheriff  compcars  before  the  Council. 

1579-80,  February  1 5th.— Proceedings  for  stopping  the  feud  between 
the  Dunbars  and  the  Inneses.  James  Dunbar  of  Cumnok,  Mr.  Alexander 
Dunbar,  dean  of  Murray,  James  Dumbar  of  Tarbert,  David  Dunbar, 
apparent  of  Durris,  Mr.  John  Dunbar  of  Meftis  and  George  Dunbar  in 
Westir  Alves  on  the  one  part  and  John  Innes  of  that  ilk,  Robert  Innes  of 
Inncrmarkie,  elder,  Robert  Innes  of  Innermarkie,  yr.,  Robert  Innes  of 
Drany,  Alexander  Innes  of  Cokstoun  and  Thomas  Innes  of  Pethnik  were 
charged  to  appear  before  the  Privy  Council  on  15th  April  "to  underly 
sic  ordour  as  salbe  thocht  meit"  under  the  pain  of  rebellion. 

1589-90,  March  I3th.—  Act  for  the  rigging  out  of  ships  for  bringing 
the  King  and  Queen  home. 

The  King  having  by  an  article  sent  with  some  of  his  councillors  from 
Norroway  "recommendit  to  the  inhabitantis  of  his  Hienes  burrowis"  to 
fit  out  certain  ships  "  in  gude  cquippagc,  for  the  convoying  and  hame- 
bringing  of  his  Majestic,  with  the  Quene  his  darrest  bedfellow,  in  this 
realme,  at  the  tyme  and  seasoun  convenient  thairto  now  shortlie 
approchcing,"  the  Commissioners  of  the  Burghs  agree  to  fit  out  six  ships, 
of  which  one  shall  be  furnished  by  Aberdeen,  assisted  by  Brechin,  Elgin, 
Invcrnes,  Cullane,  Fores,  Name,  Tayne,  Monrois,  Northberuik  and 
Dunbar,  "  quhilkis  shippis  weill  and  honnourablie  equippageit  and 
furncist  every  ane  of  thame  with  thretty  marineris,  quhairof  thair  salbe 
sax  expert  pilottis,  accouterit  and  furnist  with  hand  senzeis,  flaggis, 
strcameris  of  weir  of  reid  taffetty,  reid  syde  claithis  and  dekkit  toppis 
with  the  cullouris  of  reid  and  yallcw  salbe  riggit  oute  be  every  ane  of  the 
principal!  burrowis  particularlie  abonewrittin." 

1590,  October  2nd. — Complaint  by  Mr.  Walter  Wilsoun  of  Brakanhills 
as  follows :  Johnne  Annand,  provost  of  Elgin,  having  been  put  to  the 
horn  upon  24th  July  last  by  letters  raised  at  the  instance  of  the  said 
Mr.  Walter,  he  had  delivered  the  said  letters  immediately  thereafter  to 
Alexander  Gadderar,  Sheriff  Clerk  of  Elgin,  where  the  said  rebel  "  hands 
and  remanis"  desiring  him  to  register  the  same  conform  to  the  Act  of 
Parliament.  But  the  said  Alexander  has  not  only  refused  to  do  so,  but 
has  retained  the  letters  and  will  not  deliver  them  again  to  the  complainer. 
— The  complainer  appearing  by  Mr.  Robert  Young,  his  procurator,  but 


J591-]  PRIVY  COUNCIL  REGISTER.  219 

the  defender  neither  appearing  nor  having  delivered  the  letters  to  the 
complainer  as  already  charged,  the  Lords  once  more  charge  the  said 
Alexander,  under  pain  of  rebellion,  to  deliver  them  within  six  hours  after 
the  charge  to  the  complainer,  "  upoun  his  ressounablc  expenssis " 
registered  "of  the  same  date  that  they  wer  deliverit  to  the  said 
Alexander." 

1591,  July  2Oth. — Registration  by  Mr.  Johnne  Prestoun  as  procurator 
for  the  sureties  of  band  of  caution  in  .£500  by  Archibald  Douglas  of 
Pettindreych  for  Williame  Gibsoun,  burgess  of  Elgin,  that  Alexander 
Hay  of  Eistir  Kennet,  Clerk  of  Register,  fiar,  and  Williame  Hay,  life- 
renter  of  Mayne,  shall  be  harmless  of  him.  Subscribed  at  Pettindreych, 
I4th  July,  before  Andro  Dowglas,  Hew  Dowglas  and  George  Dunbar, 
servitors  to  the  said  Archibald  and  George  Cuming,  burgess  of  Elgin, 
and  Thomas  Hay,  notaries  public. 

1591,  July  2 1 st. — Order  to  denounce  Alexander  Gatherar,  Sheriff 
Clerk  of  Elgin.  "  Complaint  by  Grissell  Leslie,  relict  of  Dd.  Dunbar  of 
Littill  Suddie,  and  by  Alexander  Nicolsoun,  messenger,  for  his  interest, 
as  follows: — Mr.  Johnne  Dunbar  of  Meftis  and  Js.  Dunbar  of  Tarbct  and 
Dd.  Dunbar  of  Durris  as  cautioners  for  the  said  Mr.  Johnne,  having  been 
put  to  the  horn  by  letters  raised  by  the  said  Grissell,  the  said  Alexr. 
'  immediatlie  efter  the  said  denunciatioun,  past  to  Alexander  Gadderare, 
sheref-clerk  of  the  sherefdome  of  Elgin,  and  deliverit  to  him  the  saidis 
letters'  in  order  to  their  registration  according  to  the  Act  of  Parl'.  The  said 
sheriff-clerk  had  received  the  letters  and  promised  to  register  them  within 
eight  hours  ;  but  when,  at  the  end  of  the  eight  hours,  the  said  Alexander 
Nicolsoun  required  the  letters  from  Gadderare,  he  had  refused,  'delaying 
him  utheris  xxiiii  houris  upoun  promeis  at  the  end  thairof  to  deliver 
thame  to  him.'  On  the  return  of  the  said  Alexander  Nicolsoun,  after  . 
the  expiry  of  the  said  time,  to  the  dwelling  house  of  the  said  Alexander 
Gadderare,  he  found  that  Gadderare  had  '  absentit  and  hid  himself,  and 
closit  the  yettis  of  his  said  hous,  quhairthrow  the  said  complenar  mycht 
not  get  entre  within  the  samyn  ;  yit,  having  accidentlie  louked  in  at  the 
windo,  he  saw  the  said  sheref-clerk  writting  ane  reversioun,  quhilk  quhen 
he  persavit  he  causit  oppin  his  dur  and  of  new  promeist  to  deliver  the 
saidis  letters  ower  registrat  or  unregistrat  betuix  and  nyne  houris  at  evin, 
drifting  and  delaying  tyme  quhill  he  gaif  advertisement  to  the  saidis 
rebellis  of  his  procedingis.  And  albeit  the  said  messinger  past  ower  that 


22O 


RECORDS  OF  ELGIN.  [l595- 


schort  space  with  the  rest,  lippynning  for  na  forder  schiftis  nor  delayis, 
the  said  sheref-clerk,  at  the  last,  planelie  refusit  ayther  to  register  or 
redeliver  the  saidis  letters,  affirmyng  that  he  had  rather  tyne  and  lois  his 
office  nor  to  do  ony  thing  hurtfull  or  prejudiciall  to  the  saidis  rebellis ; 
and,  to  the  effect  the  said  messinger  sould  get  na  certificat  upoun  his 
refusal!,  he  causit  the  haill  notaris  within  Elgin  absent  thame  selffis  furth 
thairof;  and  swa,  eftir  the  said  messinger  had  remanit  xlviii  houris 
togidder  upoun  the  rcssait  of  the  saidis  letters,  he  was  movit  at  last  to 
depart :  quhairthrow  the  said  sheref-clerk  hes  committit  a  manifest  falset 
and  dissait,  to  the  stay  and  hinder  of  justice.'  The  said  sheriff-clerk, 
having  failed  to  appear  this  day  and  answer  as  charged,  while  the 
complaincrs  appear  by  Mr.  Williame  Leslie  of  ,  is  to  be 

denounced  rebel." 

1591,  July  27th. — Caution  in  1000  merks  by  George  Monro  of  Mekill 
Tarrcll  for  William  Hay,  liferenter  of  Mayne,  that  Johnne  Innes,  younger, 
Johnne  Innes,  elder,  Williame  Innes,  Williame  Gibsoun,  Mr.  James 
Gairdin,  Johnne  Gibsoun,  Thomas  Hay,  Alexander  Boyne,  James 
Dowglas,  Johnne  Annancl,  Alexander  Arinand,  James  Guthrie,  David 
Torre,  Williame  Young,  Alexander  Pringill,  Robert  Sutherland,  Thomas 
Wamfray,  James  Reid,  James  Cuming,  Robert  Innes,  James  Innes, 
Johnne  Innes,  David  Watt,  Walter  Auldcorne,  James  Ogilvy,  Robert 
Winchester,  and  Johnne  Andersoun,  burgesses  of  Elgin,  shall  be  harmless 
of  the  said  Hay, — Alexander  Hay  of  Eister  Kennet,  Clerk  of  Register, 
fiar  of  Maync,  and  the  said  principal,  becoming  sureties  in  relief. 

1594,  August  loth. — Act  of  Caution.  George  Leslie  of  Arknow  for 
Williame  Drumbrek  of  Urtane,  £1000,  not  to  harm  Katherene  Cowie, 
relict  of  James  Sutherland,  burgess  of  Elgin,  also  to  pay  £20  for  his 
escheat. 

1594,  August  2 ist. — Act  of  Caution.     Alexander  Annand,  burgess  of 
Elgin,  for  Williame  Gibsoun,  David  Torrie,  Mr.  James  Gairdin,  bailies  of 
Elgin,  Johnne  Annand,  James  Douglas,  Thomas  Umphra,  elder,  Thomas 
Hay,  Alexander  Boyne,  and  Williame  Young  of  the  Council  of  the  said 
burgh,  to  pay  100  merks  for  their  escheat  or  report  nullity  of  horning  for 
not  paying  the  tax  of  said  burgh. 

1595,  August  4th. — Alexander  Annand,  apparent  of  Muriestoun,  for 
Walter  Aldcorne,  burgess  of  Elgin,   1000  merks,  not  to  harm  James 
Ogilvie,  burgess  there. 


1598.]  PRIVY  COUNCIL  REGISTER.  221 

1595-6,  February  2nd. — "  The  cathaloige  of  the  names  of  the  Barronis, 
Gentill[men]  and  utheris  within  the  shereffdome  of  Murray  convinit  [at] 
the  Carne  of  Kilboyak  for  obedience  of  his  Hienes  proclamatioun  meid 
anent  the  General  Wapinschawing  and  mustering  the  secund  day  of 
Februar,  1595."  The  Laird  of  Grant  mustered  500  of  his  men,  of  whom 
300  were  "  fensabill  men  according  to  the  custowme  of  his  landis  to 
defend  within  the  cuntray  and  the  schyris  heirabut."  Of  these  three 
hundred,  four  score  were  "weill  armorit  as  effeirs  to  pas  to  the  kingis 
wyris"  ;  forty  of  the  said  four  score  "with  habirstoun,  twa  handit  sword 
and  knaipskais,  uthir  fourtie  with  bow,  schraif,  knaipskais,  swordis  and 
targis,  according  to  the  hiland  custowme."  There  also  assembled  on  the 
same  day  and  at  the  same  place  from  the  Barony  of  Urquhart  twenty 
five  men  with  jacks,  spear,  swords  and  other  weapons,  and  from  Duffus 
three  horse  men  and  six  footmen  "  sufficientlie  acuterit,"  but  "  the 
remanent  naikit,  onarmit  and  all  wais  onmeit  for  service  in  weirfair": 
Archibald  Douglas  of  Pendricht  [Pettindreich]  and  his  men- — five  horse- 
men and  twenty  footmen  (two  of  the  latter  had  each  "  ane  bow,  butt 
armur,"  others  had  lances  and  swords),  also  sixteen  cottaris  "  withowt 
ony  kynd  of  armur  "  :  John  Dunbar  of  Moynes,  bailie  of  the  Earldom  of 
Murray,  assembled  "  aucht  scoir  of  men  abill  and  gude,  of  the  quhilkis 
nummer  twentie  horse  men  with  jack,  speir  and  steilbonat,  abill  to  pas 
furtht  of  Murray  to  his  Majesteis  waris  within  Scotland,  the  rest  bot 
powir,  nakit  men  for  the  meist  pairt  and  onabill  to  pas  furtht  of  the 
cuntray  for  povertie " :  from  the  Barony  of  Rafford  and  the  lands  of 
Kilboyak  three  horsemen  armed  and  thirty  men  unarmed  :  from  the 
Barony  of  Kylloss  twelve  horse  men  in  armour  and  three  score  footmen 
unarmed  :  from  Altyre  under  Alexander  Cuming,  apparent  of  Altyre, 
fourteen  men,  of  whom  two  horsemen,  with  "  bow  and  bag,"  swords  and 
other  weapons :  David  Brodie  of  that  ilk  and  five  men  with  jack,  steil- 
bonat, pleitslevis,  etc. :  Walter  Kynnard  of  Cowbin  with  seven  men  and 
William  Cuming  of  Ernsyde  with  eleven  men,  of  whom  Thomas  Roy 
had  "ane  bow  and  ane  twa  handit  swerde." 

1598,  June  24th. — Band  by  Robert  Innes  of  that  ilk  for  Alexander 
Innes  of  Cokstoun,  James  Innes  of  Blakhillis  and  John  Innes  of  Coittis, 
£500  each,  and  for  Thomas  Innes,  his  brother,  William  and  Alexander 
Innes,  his  brothers,  50x3  merks,  not  to  harm  William  Hay  of  Mayne, 
conform  to  the  king's  letters,  dated  at  Edinburgh,  2ist  January,  1591. 


222 


RECORDS  OF  ELGIN.  [1600. 


Subscribed    at    Elgin    before    John    Annand    of    Muirrestoun,    Walter 
Kynnaird  of  Cowbin,  &c. 

1599,  August  1 8th.— Act  of  Caution.  Thomas  Hay,  clerk  and 
burgess  of  Elgin,  for  William  Hay  of  Mayne  in  1000  merks  not  to 
harm  Alexander  Innes  of  Cokistoun,  Mr.  John  Innes  of  Haltoun  and 
Robert  Innes  in  Speislaw.  Subscribed  at  Elgin  before  Mr.  Alexr. 
Douglas,  minister  at  Elgin,  Mr.  Gawin  Douglas,  his  brother,  Mr.  Alex- 
ander Rawsoun,  parson  of  Spynie,  etc.  Also  William  Hay  of  Mayne  for 
Mr.  Alexander  Douglas,  minister  at  Elgin,  and  George  Douglas,  minister 
at  Dolles,  in  500  merks  each,  and  Mr.  Gawin  Douglas,  their  brother,  in 
300  merks  to  effect  aforesaid. 

1599,  November    gth.— Acts    of   Caution.      Alexander    Annand    of 
Murestoun    for   James   Douglas    in    1000   merks,    Mr.    Alexr.    Douglas, 
minister  at  Elgin,  in  500  merks,  George  Douglas,  minister  at  Delias,  in 
500  merks,  Mr.  Gawin  and  Archibald   Douglas,  their  brothers,  in   300 
merks  not  to  harm  Robert  Innes  of  that  ilk  and  other  Inneses.      Also 
John  Grant  of  Tomalene,  brother  of  Patrick  Grant  of  Bellendallach,  for 
William  Hay  of  Mayn,  1000  merks,  not  to  harm  Robert  Innes  of  that 
ilk,  Alexander  Innes  of  Coittis,  etc.     November  1 7th.— John  Grant  of 
Cardellis  for  William  Hay  of  Mayne  in  looo  merks  not  to  harm  James 
(sic)  Innes  of  that  ilk  and  other  Inneses.    Also  Robert  Leslie  of  Aberlour 
for  James  Douglas,  burgess  of  Elgin,  etc.,  not  to  harm  Robert  Innes  of 
that  ilk. 

1600,  April   9th. — Act   of  Caution.      James   Innes  of  Mynenie  for 
Alexander  Innes  of  Cokstoun  not  to  reset  or  intercommune  with  Mr. 
Alexander  Innes,  sometime  minister  at  Birnay,  Robert  Innes  of  Coittis 
and  other  Inneses  put  to  the  horn  at  the  instance  of  William  Hay  of 
Mayne,  Mr.  Alexander  and  other  Douglases  for  not  answering  for  the 
slaughter  of  William  Hay,  father-brother  of  said  laird  of  Mayne  and  of 
the  late  Agnes  Leslie,  mother  of  said  Mr.  Alexander  Douglas  and  his 
other  brothers.     Subscribed  at  Dippill  before  Robert   Innes  of  Essill, 
William  Annand,  son  of  the  late  John  Annand  of  Murrestoun. 

1600,  April  1 8th. — Acts  of  Caution.  James  Douglas  of  Schuit- 
tingaikeris  for  Walter  Kynnaird  of  Culbin  and  Thomas  Kynnaird,  his 
son,  500  merks,  not  to  reset  Mr.  Alexander  Innes,  minister  at  Birnay, 
denounced  rebel  at  the  instance  of  William  Hay  of  Mayne.  May  5th. — 
Thomas  Innes,  burgess  of  Elgin,  for  Margaret  Ros,  relict  of  William 


l6oi.]  PRIVY  COUNCIL  REGISTER.  223 

Innes  of  Unthank,  500  merks,  not  to  reset  Mr.  Alexr.  Innes,  minister  at 
Birnay. 

1600,  July  loth. — Complaint  by  Andro  Dunbar,  messenger.  While 
he  was  executing  the  letters  raised  by  the  provost,  bailies  and  council  of 
Elgin  for  discharging  any  public  market  to  be  held  at  the  kirk  of 
Ugstoun  and  ordaining  the  same  to  take  place  at  Elgin,  conform  to  the 
privileges  of  the  said  burgh,  Jeane  Barclay,  Lady  Innermarky  directed 
(on  2Qth  September  last)  Robert  Innes,  now  of  Innermarky,  her  son, 
Robert  Innes  of  Coittis,  rebel,  and  others  to  the  said  kirk  where  they 
"  presented  bendit  hacquebuttis  and  pistollettis  to  his  womb  and  face  and 
avowit  to  have  his  lyffe,"  if  he  did  not  depart  off  that  ground,  or  if  he 
used  any  further  charges  against  persons  meeting  at  the  kirk  of  Ugstoun, 
and  though  he  bore  his  Majesty's  arms  they  took  him  by  force  "and 
maist  dispitfullie  expellit  and  schoit  him  oute  of  the  said  kirkyaird  be 
the  schoulderis  and  swa  deforcit  him  in  the  executioun  of  his  office,  and 
had  not  faillit  to  have  slane  him  and  bereft  him  of  his  lyffe  wer  not  God 
and  guid  nichtbouris  intervenit.  Also  on  2nd  May  last  the  complainer 
having  passed  to  the  place  of  Plewlandis  where  the  said  Lady  dwells  in 
order  to  command  her  to  buy  the  Acts  of  Parliament,  conform  to  the 
charges  given  him  by  the  Clerk  of  Register  (Vol.  V.,  463),  her  said  son 
and  others  invaded  him  for  his  slaughter.  The  complainer  appears  and 
the  said  Lady  and  her  son  and  others  to  be  denounced  for  failing  to  appear. 

1600,  July  3Oth. — James  Innes  of  Mynneny  as  principal  and  Alexander 
Hay  of  Delgatty  as  surety,  ^1000,  not  to  harm  William  Hay  of  Mayne, 
Mr.  Alexander  Douglas,  minister  at  Elgin,  and  other  Douglases. 

1601,  May  pth.  — Act  of  Caution.     William  Torrie  of  St.  Katherine's 
crofts  for  John  Man  in  Thornehill,  600  merks,  not  to  harm  Robert  Keyth 
in  Thornehill. 

1601,  May  27th. — Act  of  Caution.  Alexander  Annand  of  Murrestoun 
for  Thomas  Grant  in  Letachie  (Lettauch),  500  merks,  not  to  reset  or 
intercommune  with  Mr.  Alexander  Innes,  sometime  minister  at  Birneych 
(Birnie)  and  other  Inneses,  all  put  to  the  horn  at  the  instance  of  William 
Hay  of  Mayne,  James  Douglas,  provost  of  Elgin,  and  other  Douglases 
for  the  shameful  slaughter  of  Agnes  Leslie,  relict  of  Mr.  Alexander 
Douglas,  provost  of  Elgin,  and  of  the  late  William  Hay,  father-brother 
of  the  said  William  Hay  of  Mayne,  and  for  mutilation  of  the  said 
William  Hay  in  his  left  hand. 


224  RECORDS  OF  ELGIN.  [1603. 

1602,  April  23rd. — Act  of  Caution.  John  Trail,  burgess  of  Dundee, 
for  George  Trail,  his  son,  500  merks,  not  to  harm  the  provost,  bailies  and 
council  of  Elgin. 

1602,  July  Hth. — Bond  of  Caution  by  Alexander  Dunbar  of  Tarbett, 
Patrik  Dunbar  of  Culboyak  and  Mark  Dunbar  of  Durris,  conjointly  and 
severally  for  Alexander  Dunbar  of  Westfeild,  sheriff  of  Moray,  in  10,000 
merks,  that  the  said  sheriff  and  all  for  whom  he  is  obliged  to  answer  by 
the  law  and  General  Band  will  keep  the  peace,  and  that  he  will  personally 
compear  and  answer  before  their  Lordships  when  charged.  Signed 
Patrik  Dunbar  of  Conzie,  A.  Dunbar  of  Tarbart  and  Mark  Dunbar  of 
Durris. 

1602,  July  I4th. — Bond  of  Caution  by  Alexander  Dunbar  of  Westfield, 
Sheriff  of  Murray,  in  3000  merks  "  for  the  haill  personis  beiring  the  name 
of  Dunbar  within  the  boundis  of  Murray"  that  they  will  keep  the  peace 
in  terms  of  the  laws  and  General  Band,  and  that  he  will  appear  and 
answer  to  complaints  against  them.  An  alteration  of  the  caution  from 
"  fyve  "  to  "  three  "  thousand  merks  is  signed  by  "  Montroiss,  Canrius." 

1602,  September  8th. — Act  of  Caution.  James  Anderson,  burgess  of 
Elgyne,  as  principal  and  James  Petrie  as  surety,  500  merks,  not  to  harm 
James,  Earl  of  Murray,  or  Archibald,  Earl  of  Angus,  John,  Earl  of  Mar, 
William,  Earl  of  Mortoun,  etc.,  curators  to  the  said  Earl  of  Moray. 

1602,  October  ist. —  Act  of  Caution.  Alexander  Pringle,  bailie  of 
Elgyne,  and  Thomas  Mylne,  burgess,  each  for  the  other,  etc.,  all  in 
£1000  each  not  to  harm  James,  Earl  of  Murray,  and  his  curators. 

1602,  December    I5th.  —  Act    of    Caution.      Mr.    James    Grant    of 
Ardinelie  for  Robert  Innes,  burgess  of  Elgyne,  500  merks,  not  to  harm 
James,  Earl  of  Murray. 

1603,  March  8th. — His  Majesty's  promise  to  the  Earl  of  Murray  to 
ratify  his  infeftments  in   Parliament.      "  Act  in  favour  of  the  Erie  of 
Murray : — His  Majesteis  promeis  in  verbo  principis  to  ratifie  in  the  nixt 
Parliament  to  my  Lord  of  Murray,  etc.,  the  chartour  granted  to  James, 
Erie  of  Murray,  his  gudschir,  of  the  erledome  of  Murray,  chartour  granted 
to  his  gudschir  of  the  lordschip  of  Downe,  the  chartour  granted  to  the 
said  umq11.  Erie  of  the  erledome  of  Buchane,  lordschip  of  Auchterhous 
and  baronie  of  Glendovachie,  the  lands  of  the  bishoprik  of  Murray,  the 
landis  of  the  abbacie  of  Santcomes,  and  to  dispone  of  new  the  saidis  haill 
lands  in  Parliament  to  grant  the  warde  landis  in  taxt  warde  and  als  to 


1604.]  PRIVY  COUNCIL  REGISTER.  225 

ratifie  and  give  new  infeftments  of  the  burrow  maillis  of  Elgin  and  Forres 
and  the  customes  of  the  salmond  fischeings  within  the  sherefdome  of 
Murray." 

1603,  May  1 3th. — Act  of  Caution.  William  Mclntosh  of  Borlome  for 
Robert  Innes  of  Innermarkie,  2000  merks,  not  to  harm  William  Hay  of 
Mayne,  or  James,  etc.,  the  sons  of  the  late  Mr.  Alexander  Douglas, 
provost  of  Elgin.  Subscribed  before  Mr.  John  Keith,  parson  of  Duffus, 
Mr.  Alexander  Keith,  his  son,  and  Robert  Sutherland,  reader  at  Duffus. 

1603,  June  6th. — Act  of  Caution.  John  Annand  of  Glasgaen  (sic), 
burgess  of  Elgyne,  for  William  Hay  of  Mayne,  .£1000,  not  to  harm 
Thomas  Grant  of  Schireftoun. 

1603,  July  I4th. — Maister  Alexander  Dowglas,  minister  of  Elgin,  and 
his  brother  complained  that  the  lairds  of  Innermarkie  and  Innes  reset 
certain  Inneses,  rebels,  and  put  to  the  horn  for  the  slaughter  of  the 
pursuers'  brother ;  Innermarkie  compeirand  was  ordanit  to  find  caution 
not  to  reset  nor  supply  or  inter-commune  with  any  of  the  said  rebels  and 
to  underly  the  law  when  he  sail  be  chargit  to  that  effect  under  pain  of 
2000  merks  and  to  find  the  like  caution  for  indemnity  of  the  saidis 
persewars. 

1603,  July  i6th. — Act  of  Caution.     William  Forbes  of  Corsindey  and 
John  Forbes  of  Brux  for  Robert  Innes  of  Innermarkie  2000  merks  not  to 
harm  James  Douglas,  burgess  of  Elgyne,  Mr.  Alexander  Douglas,  minister 
at  Elgyne,  George  Douglas,  minister  at  Culane,   Hew,  Mr.  John,   Mr. 
Gavin  and  Archibald  Douglasses,  brothers  of  the  said  Mr.  Alexander. 

1604,  March  2ist. — Symone,  Lord  Fraser  of  Lovat,  and  Sir  Thomas 
Gordoun  of  Cluny  for  James  Cuming,  fiar  of  Altir,  .£1000,  not  to  harm 
Thomas  Hay,  town  clerk  of  Elgin. 

1604,  April  27th. — John  Forrest  of  Parkwall  of  Dirletoun  is  become 
caution  for  John  Gordon,  merchant  burgess  of  Elgyne,  not  to  harm 
James,  Earl  of  Murray,  or  his  tutors  or  curators  under  the  pains  in  the 
king's  letters.  James  Anderson,  merchant  burgess  of  Elgin,  caution  for 
James  Petrie,  burgess  there,  and  John  Bonyman,  burgess  there,  caution 
for  John  Geddes,  merchant  burgess  there,  either  of  them  in  500  merks  to 
effect  foresaid.  David  Torrie,  burgess  of  Elgin,  and  Alexander  Grant, 
burgess  there,  the  one  for  the  other,  James  Young  and  George  Wanis, 
also  burgesses  there,  each  in  500  merks,  also  to  effect  foresaid,  conform 
to  the  letters  raised  against  them  of  date  at  Edinburgh,  23rd  June,  1602. 

E  I 


226  RECORDS  OF  ELGIN.  [1605. 

1604,  May  ist.— James  Donnaldsoun,  merchant  burgess  of  Elgyne, 
and  Robert  Keith,  burgess  there,  the  one  for  the  other ;  [and  seven  more 
couples,  all]  in  500  merks  each  not  to  harm  James,  Earl  of  Murray,  or 
Archibald,  Earl  of  Argyll,  John,  Earl  of  Mar,  etc.,  conform  to  the  charge, 
dated  23rd  June,  anno  regni  35.  [One  couple  is  John  Culback  and 
Alexander  Riauch.]  William  Mortymer,  glasswright,  burgess  of  Elgyne, 
and  others  all  in  500  merks  to  the  effect  foresaid. 

1604,  September  27th. — Act  of  Caution.  Hew  Falconer  of  Inner- 
lochty  for  William  Hay  of  Mayne,  2000  merks,  not  to  harm  Mr. 
Alexander  Dowglas,  minister  at  Elgyne.  (Alexander  Rausoun,  parson 
of  Spynie,  is  a  witness.)  John  Innes,  burgess  of  Elgyne,  in  Langmorne 
for  Alexander  Innes  in  Quhytwra  500  merks,  to  the  effect  forsaid. 

1604,  October  5th. — Act  of  Caution.  James  Douglas  of  Barthslathill 
for  Mr.  Alexander  Dowglas,  minister  at  Elgyne,  £500,  not  to  harm 
James  Kynnaird  in  Quhytwray  and  Alexander  Innes  there,  Robert 
Keith  in  Thornehill  or  John  Innes  in  Langmorgone. 

1604,  October  15th. — Act  of  Caution.      William   Mylne,  burgess  of 
Elgyne,  for  George  Sutherland,  burgess  there,  500  merks,  not  to  harm 
James,   Earl   of  Murray,   etc.,   conform   to   the   king's  letter,  dated   at 
Edinburgh,  3rd  June,  1603. 

1605,  June    loth. — George    Cuming,   burgess  of    Elgyn,   for    Hew 
Falconer  in  Innerlochtie,  £1000,  not  to  harm  Kenneth   McKeinzie  of 
Kintaill  or  John  McKenzie  of  Quhytruiff. 

1605,  June  1 5th. — Patrick  Gibson  of  Schirefmill  for  William  Cuming, 
fiar  of  Ernesyde,  £1000,  not  to  harm  Alexander  Dunbar  of  Culboyak, 
conform  to  the  king's  letters,  dated  at  Edinburgh,  2Oth  May  last.  The 
band  subscribed  at  Elgyne  before  James  Rutherford,  burgess  of  Elgyne, 
Alexander  Gadderar,  N.  P.  there,  etc. 

1605,  July  i6th. — The  burgh  of  Elgin  cited  before  the  Council  for  not 
having  a  sufficient  tolbooth. 

1605,  October  3Oth. — Alexander  Dunbar,  Sheriff  of  Murray,  Dorothie 
Dunbar,  his  spouse,  Robert  Dunbar,  apparent  of  Moynes,  and  Marjory 
Dunbar,  his  spouse,  who  had  been  put  to  the  horn,  I5th  July  last,  for  riot 
paying  an  annual  rent  of  100  merks  due  yearly  to  Kathereine  Carmichaell, 
relict  of  Williame  Creichtoun,  tutor  of  Sanquhair,  since  the  decease  of  her 
husband  till  the  principal  sum  of  1050  merks  should  have  been  paid  and 
for  not  fulfilling  all  the  articles  of  a  contract  dated  24th  August,  1580, 


l6o6.]  PRIVY  COUNCIL  REGISTER.  227 

between  the  late  James  Dumbar  of  Cumnok  on  the  one  side  and  com- 
plainer's  (Kathereine  Carmichaell)  husband  and  herself  on  the  other  side 
still  continue  at  the  horn.  Charge  had  been  given  to  the  said  Sheriff  to 
answer,  and  now  the  Captain  of  the  Guard  is  ordered  to  apprehend  the 
Sheriff  for  not  appearing,  remove  his  family  furth  of  his  houses  and 
inventory  his  goods  for  the  king's  use. 

1606,  May  2gth. — Mark  Mawer,  Commissar  of  Murray,  John  Mawer 
in  the  Haugh  of  Dipple  and  Michaell  Mawer  of  the  Loch  ordained  to  be 
apprehended  for  a  civil  debt. 

1605,  October  2ist. — James  Douglas  of  Barflachillis  for  Mr.  Gavin 
Douglas,  burgess  of  Elgin,  ^500,  not  to  harm  Hew  Falconer  of  Inner- 
lochtie.     The  band  is  subscribed  by  Andro  Stalker,  goldsmith,  burgess 
there,  and  others.     George  Cuming,  burgess  of  Elgin,  for  Hew  Falconer 
of  Little  Innerlochtie  1000  merks,  not  to  harm  Mr.  Alexander  Douglas, 
minister  at  Elgin.     October  25th. — James  Douglas  of  Barflithillis  for  Mr. 
Alexander  Douglas,  minister  at  Elgin,  1000  merks,  not  to  harm  Hew 
Falconer  of  Little  Innerlochtie. 

1606,  August  7th. — Alexander  McMath,  elder,  merchant  burgess  of 
Edinburgh,  for  George,  Earl  of  Caithness,  £1000,  not  to  reset  or  inter- 
commune  with  Mr.  Alexander  Innes,  sometime  minister  at  Birney,  Johne 
Innes,   elder,  called    McCarrie,   Johne    Innes,   yr.,   called    Lang  Johne, 
William  Innes,  skinner,  Robert  Innes,  flesher,  James  Innes,  son  of  the 
said  Johne  Innes,  elder,  Alexander  Innes,  saddler,  Johne  Innes,  sometime 
in  Coittis,  Robert  Innes  of  Coittis  or  James  Scott  in  Little  Innerlochtie 
while  they  lie  at  the  horn  to  which  they  had  been  put  at  the  instance  of 
William    Hay    of   Mayne,    James    Dowglas,    burgess    of    Elgyne,    Mr. 
Alexander  Dowglas,  minister  at  Elgyne,  and  George,  Hew,  Mr.  Johne, 
Mr.  Gavin  and  Archibald  Douglas,  their  brothers,  for  the  slaughter  of 
Agnes  Leslie,  relict  of  Mr.   Alexander  Douglas,  sometime  provost  of 
Elgyne,  and  the  deceased  William  Hay,  father  brother  of  the  said  laird 
of  Mayne,  and  for  mutilation  of  the  said  laird. 

1606,  September  22nd. — James  Douglas  of  Barstachillis  for  the  right 
reverend  father  in  God,  Alexander,  Bishop  of  Murray,  £1000,  not  to 
harm  Hew  Falconer  of  Little  Innerlochtie.  The  band  is  subscribed  at 
Elgin,  1 5th  September,  before  William  Douglas,  vicar  of  Elgin,  Mr. 
James  Guthrie,  minister  at  Urquhart,  and  Mr.  William  Clogie,  preacher 
of  God's  word  at  Elgin.  Gawin  Douglas,  burgess  of  Elgin,  for  James 


228  RECORDS  OF  ELGIN.  [1607. 

Douglas,  burgess  there,  £1000,  not  to  harm   Hew  Falconer  in  Little 
Innerlochtie. 

1606,  September  3Oth.— William  Cuming,  fiar  of  Ernisyde,  for  John 
Cuming  of  Ernisyde,  £1000,  and  for  John  Cuming,  his  son,  400  merks, 
not  to  harm  Stephane  Johnnstoun  in  the  College  of  Elgin,  conform  to 
the  king's  letters  dated  at  Edinburgh,  5th  February,  1603. 

1606,  December   3rd.— Mr.   Gawin    Douglas,  burgess   of  Elgin,  for 
James  Gibsoun,  merchant  burgess  in  Dundie,  500  merks,  not  to  harm  the 
provost,  bailies  and  council  of  Elgin,  conform  to  the  king's  letters  dated 
ist  December,  1606.     Thomas  Grant  of  Culquhoth  for  Stephane  Johnn- 
stoun in  the  College  of  Elgin,  500  merks,  not  to  harm  John  Cuming  of 
Irnesyd  or  John  Cuming,  his  son.     This  band  subscribed  before  Nicolas 
Dunbar,  son   of  Mr.   John    Dunbar   of  Meft,  Thomas   Mill,   merchant 
burgess,  etc. 

1607,  February  ipth.— Complaint  by  Stephane  Johnnstoun,  messinger, 
against  John  Cuming  of  Eirnesyde,  John  and  Archibald,  his  sons,  James 
Fraser,  alias  Suddart,  their  servitor,  Walter   Innes,  also  their  servitor, 
John  Innes,  sometime  of  Coitis,  Robert  Innes,  his  son,  and  Thomas  Innes, 
parson  of  Bonochie.     He  complained  (i)  that  in  August,  1602,  Cuming 
of  Ernside  came  to  his  (complainer's)  lands  of  Nether  Linkwoode  and 
cut  and  destroyed  a  great  quantity  of  his  corn  (2)  the  complainer  having 
been  in  Elgin,  i6th  November,  1602,  John  Cuming  and  his  son  attacked 
him    with   swords   and   dirks,  and  would   have   slain    him  but  for  the 
providence  of  God  and  the  help  of  divers  good  subjects  (3)  in  1603  and 
1604  John  Cuming  and  James  Leslie,  burgess  of  Elgin,  demolished  all 
his  houses  and  yard  dykes  (4)  on  I5th  September  last  John  Cuming  and 
others  to  the  number  of  twelve  came  to  his  lands  of  Linkwoode  and  not 
only  reft  his  stacked  and  stooked  corns,  but  also  attacked  complainer  for 
his  slaughter  (5)  on  24th  July  last,  while  complainer  was  in  Edinburgh, 
John    Innes,  sometime  of  Coittis,  Robert  Innes,  his  son,  and  Thomas 
Innes,  parson  of  Bonechie,  with   others   came   to  his  chamber  in  the 
College  of  Elgin,  broke  up  the  outer  gate  thereof,  used  "  divers  ingynis  " 
to  demolish  the  inner  doors,  and  at  last  entered  and  reft  sundry  of  his 
evidents.     They  came  to  Issobell  Cuming,  complainer's  mother,  ejected 
her,   broke   up    her   doors    and   chests,   and    spuilyied    three    stand    of 
"  courtingis,"  six  fine  feather  beds,  six  pairs  of  blankets,  four  pairs  of 
linen  sheets,  twenty  cods,  a  dozen  new  cushions,  a  great  paper  book  and 
various  other  books. 


1607.]  PRIVY  COUNCIL  REGISTER.  229 

1607,  March  2nd. — Stephane  Johnstoun  for  Isobell  Cuming,  his 
mother,  in  the  College  of  Elgin,  500  merks,  not  to  harm  John  Cuming 
of  Ernesyd  or  John  Cuming,  his  son. 

1607,  June  23rd. — [Meeting  of  Privy  Council,  twenty-three  members 
present,  one  being  Huntly,  who  gave  his  oath  of  allegiance.]  Complaint 
by  Sir  Thomas  Hammiltoun  of  Monkland,  his  Majesty's  Advocate,  that 
George,  Marquis  of  Huntly,  "  nawyse  repairis  to  the  kirk  and  heiring  of 
the  sermone,  abstenis  frome  the  communion  and  in  the  governament  of 
his  houshold  and  familie  professis  and  utteris  himselff  to  be  ane  direct 
adversair  and  not  weill  resolvit  in  the  treuth  and  thairby  gives  verie  just 
occasioun  of  sclander  to  the  kirk."  For  these  offences  he  ought  to  be 
punished  in  the  manner  specified  in  the  king's  Declaration  in  answer  to 
the  petition  from  the  General  Assembly  held  at  Linlithgow  in  December. 
Charge  had  been  given  to  the  Marquis  to  answer ;  and  now,  pursuer 
appearing,  with  Peter,  Bishop  of  Aberdeen,  and  Alexander,  Bishop  of 
Murray,  who  concur  with  him,  and  the  defender  being  also  present  and 
the  defender  having  confessed  that  he  "was  not  fullie  resolved  in  the 
haill  heidis  of  religioun  presentlie  professit  within  this  kingdom  and 
albeit  sometymes  he  hantit  the  kirk  and  preiching,  yit  he  wes  not  an 
ordinair  heirair,  nather  wes  he  desyrous  to  communicat  quhill  he  wes 
forder  resolvit,"  the  Lords  ordain  the  Marquis  to  be  confined  in  the  burgh 
of  Elgin  and  eighteen  miles  round,  "  and  that  every  moneth  during  the 
tyme  of  his  confynning,  he  remane  ten  dayis  togidder  within  the  said 
burgh  of  Elgin,  whereof  tvva  salbe  Sondayis  and  that,  alswele  during  his 
stay  in  the  said  burgh  as  in  his  residence  at  hame  he  resorte  upoun 
Sondayis  to  the  heiring  of  the  sermone  and  that  upoun  these  dayis  and 
utheris  dayis  of  his  residence  within  the  said  burgh  he  be  alwyse  reddy 
to  confer  for  getting  resolutioun  of  such  doubtis  as  he  can  object  for  not 
conforming  himselff  to  the  present  professioun,  and  that  he  alwyse  forbeir 
frome  all  resetting  or  intercommuning  with  ony  jesuitis,  seminarie  preistis 
or  excommunicat  papistis  as  he  will  answer  to  his  Majestic  and  the  saidis 
Lordis  upon  the  contrair  at  his  heichest  perrell." 

1607,  November  26th. — Forsamekle  as  George,  Marques  of  Huntly, 
being  confynned  within  the  burgh  of  Elgin  and  [blank]  myllis  thairaboute, 
according  to  that  directioun  formerlie  send  hame  be  his  Majestic  to  the 
Lordis  of  Secreit  Counsell,  and  his  Majestic  now  considering  the  small 
fruit  of  the  said  Marques  stay  in  these  pairtis,  baith  by  reasoun  of  the 


230  RECORDS  OF  ELGIN.  [1608. 

few  nomber  of  the  learned  ministeris  thair  with  whome  ather  he  micht 
confer  or  whose  sermonis  he  might  heir,  and  als  in  regaird  of  that  his 
greate  commandiment  and  following  in  these  same  boundis  being  sa  far 
remote  from  the  place  of  the  residence  of  the  Prevey  Counsel!  as  no 
doubt  it  geves  him  the  more  libertie  to  omitt  the  doing  of  that  whilk  is 
enjoyned  to  him,  and  he  remanis  altogidder  uncontrolled  for  the  same : 
And  seeing  the  heiring  of  the  Word  and  conference  with  leirned  men 
must  be  the  banishearis  from  the  said  Marques  of  that  his  blind  super- 
stitioun :  It  is  thairfoir  his  Majesties  will,  pleasour  and  directioun  that 
the  said  Marques  confyneing  salbe  changeit  fra  Elgin  to  Abirdeyne,  and 
that  his  repairing  to  sermonis  and  conference  with  the  learned  men  of 
the  ministerie  salbe  heirefter  within  the  burgh  of  Abirdeyne  as  it  was 
formerlie  appoynted  within  the  said  burgh  of  Elgin  sua  that  his  Majesteis 
goode  intcntioun  for  the  confyneing  of  these  nobilmen  for  bringing  of 
thame  to  this  knowledge  of  the  treuth  be  not  eludit,  and  thairfoir  the 
Lordis  of  Secreit  Counsel!  ordanis  letters  to  be  direct  chargeing  the  said 
Marques  of  Huntly  to  addresse  himself  to  the  said  burgh  of  Abirdeyne, 
and  that  he  remayne  within  the  said  burgh,  hant  the  sermonis,  use 
conference  and  observe  all  the  remanent  injunctionis  and  commandimentis 
specifeit  and  contenit  in  the  Act  of  his  confyning  within  the  said  burgh 
of  Elgin  (Vol.  VII.,  395-6)  conforme  to  the  tennour  thairof  in  everie 
point,  claus,  heid,  article  and  circumstance  of  the  same  within  fyftene 
dayis  nixt  after  the  charge  under  the  pain  of  rebellioun.  [The  Marquis 
was  excommunicated  by  the  General  Assembly  in  1608,  and  committed 
to  prison  in  Stirling  Castle,  where  he  remained  some  years.] 

1608,  March  loth. — Proclamation  for  co-operation  of  Scottish  fencibles 
with  forces  from  Ireland  in  a  new  expedition  to  the  North  and  West 
Isles  for  reducing  the  same  to  his  Majesty's  obedience.  A  part  to  meet 
in  Yla  on  ist  of  June  next,  to  come  "weill  bodin  in  feir  of  weir,  with 
cariage  and  palyeonis  to  ly  on  the  feildis  and  with  fourty  dayis  victuallis." 
The  landed  gentlemen  from  the  counties  and  burghs  of  the  southwest 
and  north  of  Scotland  to  meet  at  Inverness.  The  northern  counties 
included  Aberdeen  to  Caithness,  and  the  northern  burghs  Dundee, 
Montrose,  Aberdeen,  Peterhead,  Banff,  Elgin,  Inverness,  Rosemarky, 
Tain  and  Cromarty.  The  expedition  was  afterwards  prorogued  till 
ist  July,  and  included  forces  from  the  whole  kingdom,  the  place  of 
meeting,  Trotternish,  and  the  date  of  rendezvous,  24th  July.  The 
expedition  was  successful. 


1609.]  PRIVY  COUNCIL  REGISTER.  231 

1608,  May  2Oth. — Commissioners  appointed  for  fixing  the  prices  of 
boots  and  shoes  twice  a  year  all  over  Scotland.  Commissioners  for  the 
burgh  of  Elgin  :  Nicolas  Dunbar  of  Bogis  and  Johnne  Innes  of 
Leuchairis. 

1608,  November  4th. — Alexander  Innes  of  Coittis  for  John  Innes  of 
Leuchairis,  ^1000,  not  to  harm  Mr.  Alexr.  Hay,  Lord  of  Foistersait, 
conform  to  the  king's  letters,  dated  at  Edinburgh,  8th  August,  1608. 
The  band  written  by  Nicolas  Dunbar  in  Elgin.  Subscribed  at  Elgin 
before  John  Leslie,  burgess  of  Elgin,  George  Gumming,  burgess  there, 
N.P.,  etc. 

1608,  November  23rd. — John  Innes  of  Lewcheoris  for  Alexander 
Innes  of  Coitis,  ,£1000,  not  to  harm  Mr.  Alexander  Hay,  Lord  of 
Foistersait.  The  band  written  by  Andro  Innes,  writer  in  Elgin,  and 
subscribed  at  Elgin  before  George  Cuming  and  George  Annand,  notaries. 

1608,  December  I5th. — Hutcheoun  Calder,  burgess  of  Name,  for  Mr. 
Alexander  Hay  of  Forresterseat  (my  Lord  of  Forresterseate),  one  of  the 
Senators  of  the  College  of  Justice,  £1000,  not  to  harm  John  Innes  of 
Lewcharis  or  Alexander  Innes  of  Cottis. 

1609,  April  1 8th. — Mr.  Thomas  Annande  of  Glasgrene  for  William 
Cuming,  fiar  of  Ernesyde,  2000  merks,  not  to  harm  Mr.  James  Dundas, 
chantor  of  Murray,  conform  to  the  charge  given  to  him  of  date  2Oth 
February  last.     The  band  written  by  Mr.  William  Annand,  son  of  the 
surety,  and  subscribed  at  Elgin. 

1609,  May  4th. — Alexander  Gordon  of  Oxhill  for  James  Petrie,  elder, 
merchant  burgess  in  Elgin,  40x3  merks,  not  to  harm  Isobell  Cuming  in 
the  College  of  Elgin.  Subscribed  at  Elgin. 

1609,  June  3Oth. — James  Petrie,  elder,  burgess  of  Elgin,  for  James 
Petrie,  yr.,  burgess  there,  400  merks,  not  to  harm  Isobell  Cuming. 
Subscribed  before  John  Leslie  and  Alexander  Innes,  burgesses  in  Elgin, 
and  Mr.  John  Stewart,  master  of  the  Grammar  School  there. 

1609,  July  1 2th. — Alexander  Gordon  of  Oxhill  for  James  Petrie, 
elder,  merchant  burgess  in  Elgin,  James,  Robert,  John  and  Alexander 
Petries,  his  sons,  400  merks  each,  not  to  harm  Issobel  Cuming  in  the 
College  of  Elgin,  Marjorie  Johnnstoun,  her  daughter,  spouse  of  George 
Cuming,  burgess  of  Elgin,  John  Cuming,  son  of  the  said  George,  James 
Johnestoun,  son  natural  of  Stephane  Johnestoun  in  Elgin,  Janet  Hay, 
daughter  of  the  late  Thomas  Hay,  merchant  burgess  in  Elgin,  or 


232  RECORDS  OF  ELGIN  [l6ll. 

Stcphanc  Johnestoun  in  Elgin.     Alexander  Gordon  of  Oxhill  for  Patrick 
Gibsoun  of  Sheriffmill,  400  merks,  to  same  effect. 

1609,  November  2nd. — The  Commission  of  the  Convention  of  Estates 
in  May,  1608,  to  the  magistrates  of  burghs  and  to  certain  gentlemen 
associated  with  them  for  fixing  the  prices  of  boots  and  shoes  having  by 
negligence  of  said  commissioners  had  little  or  no  effect  anywhere,  so  that 
"  the  extraordinair  and  schameles  derth  of  bootis  and  shoone  is  not  onlie 
of  continewance  bot  daylie  ryseis  to  heicher  priceis,  the  grite  hurt  of  all 
ranks  and  degreis  of  personis,  especialie  of  the  poor  people  and  servandis 
whose  haill  waigeis  in  a  yeir  will  scairs  be  sufficient  to  furneis  thame 
bootis  and  shoone,"  the  Commissioners  are  charged  to  report  to  the 
Council  within  twenty  days  under  pain  of  rebellion. 

1609,  November  27th. — George  Brody  of  Unthank  for  Mr.   Gawin 
Douglas,  burgess  of  Elgin,  .£500,  not  to  harm  William  Hay  of  Mayne, 
conform   to  the  king's  letters,  dated  at  Perth,  26th  September,    1604. 
The  band,  registered  by  Mr.  Thomas  Nicolsoun,  advocate,  is  registered 
at  Elgin,  I5th  November,  before  Alexander  Brodie,  son  of  David  Brodie 
of  that  ilk,  Mr.  David  Philp,  preacher  of  the  Holy  Gospel  at  Elgin,  etc. 

1610,  December  I3th. — Act  of  Caution.     James  Douglas  of  Barflet- 
hills  for  the  reverend  father  in  God,  Alexander,  Bishop  of  Murray,  2000 
merks,  not  to  harm  William  Hay  of  Mayne,  conform  to  the  king's  letters, 
dated  at  Perth,  26th  September,    1604.     The  band,  registered  by  Mr. 
Johnne  Dempstar,  advocate,  and  written  by  Mr.  Patrick  Dunbar,  parson 
of  Duffus,  is  subscribed  at  Elgin,  28th  November,  before  Mr.  Johnne 
Douglas,  clerk  to  the  Commissariat  "seate"  of  Elgin,  Mr.  David  Philp, 
minister  at  Elgin,  and  Robert  Leslie  and  Walter  Smyth,  messingers. 

1611,  May  3rd. — Act  of  Caution.     Alexander,  by  the  mercy  of  God, 
Bishop  of  Murray,  for  Mr.  Gawin  Douglas,  burgess  of  Elgin,  £500,  not 
to  harm  Robert  Hay,  writer  in  Edinburgh,  conform  to  the  king's  letters, 
dated  at  Edinburgh,  3ist  August,  1610.     The  band  registered  by  Mr. 
Thomas  Mawer,  advocate,  and  written  by  William  Thome,  N.  P.  in  Elgin, 
is  subscribed  at  Elgin,  26th  April,  before  Mr.  David  Philp,  minister  of 
God's  evangel  at  Elgin,  Robert  Leslie,  servitor  to  the  said  Bishop,  Mr. 
Johnne  Douglas,  clerk  of  the  commissariot  of  Murray,  and  the  said 
writer  hereof. 

1611,  June  nth. — Ane  commissioun  to  the  Bishop  of  Murray  and 
utheris  aganis  ane  witche :  Marioun  Tailyeour  in  and  Marjorie 


I 


i 


l6ll.]  PRIVY  COUNCIL  REGISTER.  233 

Mongomerie  in  within  the  country  of  Murray  having  been 

examined  before  Alexander,  Bishop  of  Murray,  and  the  other  brethren 
of  the  presbytery  of  Elgin,  as  suspected  of  the  "  detestable  crymes  of 
witchcraft,  sorcerie,  inchantment  and  utheris  divilishe  practizes  frequentlie 
committit  be  thame  upoun  mony  our  good  subjectis,"  and  it  having 
clearly  appeared  to  the  said  judges  that  they  are  guilty  of  the  said 
crimes,  and  also  that  by  reason  of  their  "bigane  oversicht  and  impunitie" 
they  still  continue  in  "geving  thair  wicked  consultationis  and  divilishe 
charmes  to  the  poor  ignorant  people  "  as  a  certificate  subscribed  by  the 
said  Bishop  and  a  majority  of  the  said  presbytery,  shown  to  the  Council 
bears, — there  is  commission  under  the  signet,  subscribed  by  the  Chancellor, 
St.  Androis,  Mar,  Glencarne,  Abercorne  and  Lotheane  to  Alexander, 
Bishop  of  Murray,  Thomas  Urquhart  of  Cromartie.  Jhone  Urquhart  of 
Cragstoun,  tutor  of  Cromartie,  Johnne  Gordoun  of  Buckie,  sheriff  depute 
of  Invernes  and  Johnne  Innes  of  Leucharis,  balie  of  the  said  Bishop,  to 
apprehend  the  defenders,  try  them  by  assize  in  a  Court  of  Justiciary  to 
be  appointed  by  them,  and  administer  justice  on  them,  as  they  shall  be 
found  guilty  or  innocent. 

161 1,  July  2gth. — Act  of  Caution.  James  Dumbar,  merchant  burgess 
of  Elgin  for  Alexander  Dumbar  of  Hill,  1000  merks,  not  to  harm  Rorie 
McKenzie  of  Cogache.  The  band  registered  by  Mr.  Umphra  Blinsele, 
advocate,  and  written  by  Johne  Dumbar  N.P.  is  subscribed  at  Elgin, 
25th  July,  before  James  Dumbar,  burges  there,  Johnne  Dasoun,  there, 
and  James  Leslie  and  Alexander  Mylne  writers  there, — Johnne  Dumbar 
and  George  Sutherland,  notaries,  subscribing  for  the  said  principal. 

1611,  September  27th. — Johnne  Sutherland,  a  notorious  vagabond, 
who  had  often  escaped  furth  of  the  tolbooth  of  Elgin,  wherein  he  was 
warded  for  acts  of  theft,  having  been  on  instant  again  imprisoned 

in  the  said  tolbooth  by  the  provost  and  baillies  of  the  burgh  of  Elgin  for 
the  many  thefts  committed  by  him  at  night  within  the  said  burgh  on 
divers  good  subjects,  commission  under  the  signet,  subscribed  by  the 
Chancellor,  Glencarne,  Glasgow,  Lotheane  and  Scone  is  given  to 
Sutherland  of  Duffus,  Johnne  Innes  of  Leucharis,  Patrik  Dunbar  of 
Conzie,  and  the  provost  and  bailies  of  Elgin,  or  any  of  these  persons, 
with  the  said  magistrates,  to  try  the  said  Sutherland  by  an  assize  and 
minister  justice  on  him. 

F  I 


234  RECORDS  OF   ELGIN.  [l6l8. 

1612,  August  2ist. — Some  trouble  having  fallen  out  upon  25th  July 
last,  being  the  market  day  of  Elgin,  between  Johnne  Hay,  sometime  of 
Urknay  and  Hew  Hay,  his  son,  on  the  one  part  and  James,  Niniane  and 
Robert  Dunbaris,  sons  of  Williame  Dunbar  of  Hemprigis  and  James 
Dunbar,  son  of  Gavin  Dunbar,  archdeacon  of  Murray,  on  the  other  part, 
these  persons  had  been  called  before  the  Justices  of  Peace  within  the 
shire  of  Murray,  and  after  due  trial  had  been  found  guilty  of  breach  of 
the  peace.  Accordingly  they  had  been  severally  fined  proportionally  to 
their  ranks  and  ordained  to  find  caution  for  keeping  the  peace  hinc  inde, 
and  to  remain  in  ward  till  they  paid  the  fines  and  found  the  caution. 
Now  while  Johnne  and  Hew  Hay  had  obeyed  the  said  sentence,  the 
other  party  had  "proudlie"  refused  to  give  their  obedience,  and  had 
broken  their  ward  furth  of  the  tolbooth  of  Elgin  and  escaped.  There  is 
order  therefore  to  charge  the  said  persons  at  their  dwelling  places,  if 
they  any  have,  and  by  open  proclamation  at  the  market  crosses  of  Elgin 
and  Forres  to  enter  in  ward  in  the  tolbooth  of  Elgin  within  three  days 
after  the  charge,  under  pain  of  rebellion,  with  order  to  charge  all  judges 
and  ministers  of  the  law  within  whose  bounds  the  said  malefactors  reside 
to  apprehend  them  and  enter  them  in  the  tolbooth  of  Elgin. 

1617,  March  5th. — The  burgh  of  Elgin  was  represented  in  the  Con- 
vention of  Estates,  held  at  Edinburgh,  by  James  Rutherfurde  when  a 
vote  was  made  of  a  taxation  for  his  Majesty's  expenses  in  his  approaching 
visit  to  Scotland.  The  Burghs  paid  £33,333  6s.  8d. ;  the  Barony  Free- 
holders and  Feuars  of  Royal  Lands  £66,666  133.  4d.,  and  the  Spiritual 
Estate  £100,000. 

1617,  June  I2th. — Complaint  by  John  Gordon,  apparent  of  Sudraw, 
that  John  Dunbar  of  Westfield,  sheriff  of  Moray,  remains  unrelaxed 
from  a  horning  of  i$th  February  last  for  not  paying  £339  to  pursuer. 
Defender  not  appearing,  there  is  order  to  the  Captain  of  the  Guard  to 
apprehend  defender,  seize  his  houses  and  inventory  his  goods  for  the 
king's  use. 

Thos.  Grant  of  Cardails  and  his  son  against  the  sheriff  of  Moray  and 

his  deputes  for  not  doing  the  duty  of  their  offices  against  Thos. 

Grant  in  Daltaleis  charged  with  assault  on  the  principal  pursuer 

and  with  the  murder  of  his  son,  Patrick :  defenders  assoilzed. 

Edinburgh,  5th  February,   1618. — Complaint  by  Thomas  Grant  of 

Cardaillis,  Johnne  Grant,  his  son,  and  the  King's  Advocate,  as  follows : — 


1618.]  PRIVY  COUNCIL  REGISTER.  235 

On  nth  November  last  the  said  laird  and  his  late  son,  Patrik,  were  set 
upon  within  the  burgh  of  Elgin  by  Thomas  Grant  in  Daltaleis  and 
armed  accomplices.  The  said  Thomas  was  struck  "  throw  the  craig  with 
a  rapper,"  and  was  so  wounded  that  "  nothing  bot  death  is  expectit." 
Defender  also  "  ran  the  said  umquhill  Patrik  throw  the  bellie  with  his 
rapper."  After  the  murder  he  was  arrested  by  the  sheriff-depute  of 
Elgin, — "the  said  schireff-principall  being  within  the  said  burgh  for  the 
tyme," — and  was  committed  to  the  tolbooth,  where  he  still  remains. 
Pursuer  and  his  friends  dealt  with  Johnne  Dunbar  of  Westfeild,  sheriff 
of  Murray,  to  minister  justice  in  this  case  ;  but  the  said  sheriff  excused 
himself  "as  not  being  able  to  sit  in  judgement,  inrespect  of  divers 
homings  quhilkis  he  undirlay, — ane  exceptioun  proponit  and  alledgeit 
be  him  selff  to  convince  him  of  ane  unexcusable  wrong  and  neglect  of 
dewtie  by  his  refusaill  and  denyall  of  justice  unto  the  saidis  complenairis, 
and  to  argue  aganis  him  his  incapabilitie  and  unworthienes  of  that 
chairge  and  office  quhilkis  he  haldis  of  his  Majestic."  Pursuers  there- 
upon addressed  themselves  to  the  deputes, — viz.,  Williame  Torrie,  burgess 
of  Elgin,  and  Chairlis  Reid,  burgess  of  Forrcs.  "  Thay  conferring  and 
adviseing  thairupoun  with  the  principall  schireff,  it  wes  aggreit  amongis 
thame  that,  for  eschewing  of  ane  publict  and  manifest  imputatioun  of 
refusall  of  judgement,  thay  sould  fense  ane  courte,  entir  the  criminall 
upoun  pannell,  and  seame  willing  to  do  justice,  and  that  notwithstanding 
thay  sould  admit  ony  kynd  of  declinatoure  that  sould  be  proponit  aganis 
thame.  Quhilk  wes  accordinglie  done,  insofer  as,  the  courte  being  fensit 
and  the  pairteis  in  judgement,  it  wes  objectit  aganis  William  Torrie  that 
he  stood  within  feird  and  fourtis  of  kin  to  the  persewair.  Whairupoun 
he  removit  him  selff,  althocht  he  wes  within  a  degrie  narrer  of  kin  to  the 
pannell,  and  in  all  dewteis  of  leve,  kyndnes,  and  freindschip  wes  more 
addictit  to  the  pannell  nor  to  the  persewair.  And,  it  being  objectit 
aganis  the  other  depute  that  he  wes  not  lauchfullie  electit,  chosin,  and 
sworne  to  that  office,  he  thairupoun  declynit  him  self,  althocht  in  his 
awne  conscience  he  knew  his  admissioun  in  all  circumstanceis  to  be 
lauchfull  and  formall."  Defenders  have  therefore  incurred  the  penalties 
of  an  Act  of  Parliament. — Pursuers  appearing  personally,  and  having 
passed  from  "  that  pointe  of  this  summondis  pro  loco  et  tempore  tuitcheing 
the  decerning  of  the  said  schireff  and  his  said  depute  to  tyne  thair 
officeis,"  and  insisted  only  on  the  exhibition  of  Thomas  Grant,  and  the 


236  RECORDS  OF  ELGIN.  [l6l8. 

said  Johnne  Dumbar  appearing  for  himself  and  his  said  depute  and 
exhibiting  the  said  Thomas,  the  pursuers  crave  that  "seing  the  said 
Thomas  Grant  wes  tane  flagranti  crimine  and  reid  hand,"  and  that 
February  instant  was  fixed  for  his  trial  before  the  Justice,  he  ought  to  be 
committed  to  the  Tolbooth  of  Edinburgh  in  the  meantime.  The  said 
Thomas  answers  that  he  ought  not  to  be  detained,  because  he  had  found 
caution  for  his  appearance,  and  because  "  being  undir  band  and  promeis 
to  the  said  schireff  to  entir  him  for  his  releif  quhenevir  he  sould  be 
chairget  for  him,  he  freelie  and  willinglie  enterit  him  self  to  the  said 
schireff  how  soone  he  undirstood  that  the  said  schireff  wes  burdynit  to 
exhibite  him,  and  that  he  is  to  come  heir  of  his  awne  accord  with  the 
said  schireff  to  present  him  self  to  his  tryall."  The  Lords  find  that  the 
said  Thomas  ought  not  to  be  detained,  because  he  has  not  only  found 
the  said  former  caution,  but  also  by  their  direction  new  caution  in  2000 
merks.  They  also  find  that  the  sheriff  has  satisfied  the  charge  anent  the 
exhibition  of  the  said  Thomas,  and  accordingly  exoner  him  by  these 
presents. 

Wm.  Hay  of  Mayne  and  others  against  Grant  of  Ballindallach  and  a 
number  of  others  for  illegal  convocation  in  arms,  riot  and  assault 
in  Elgin. 

Edinburgh,  5th  February,  1618. — Complaint  by  the  King's  Advocate, 
William  Hay  of  Mayne,  Jeane  Grant,  his  spouse,  and  Frances  Hay,  their 
son,  as  follows :  On  November  last,  Patrik  Grant  of  Ballandallach, 

James  Grant  of  Dalvey,  Johnne  Grant  in  Lethindye,  Robert  Grant,  his 
brother,  William  Grant  in  Tulchen,  Patrik  and  Robert  Kynnaird  of 
Glenlattrothe,  James  Kynnaird  in  Quhytwrey,  Johnne  Grant,  apparent 
of  Cardaillis,  Harie  Stewart,  his  servitor,  Thomas  Hardy,  burgess  of 
Elgin,  Alexander  Innes,  son  of  McTarie  there,  Angus  Gow  in  Skyravie, 
Robert  Stewart,  brother  of  Kilmachlane,  Thomas  Name  in  Lethnitie, 
Arthour  Stewart  there,  Patrik  Grant  in  Skyravie,  Patrik  Grant  in 
Dalnapoit,  Robert  Moir  in  Petcroy,  William  Mclnnes  there,  Robert 
McRobert  there,  Patrik  McCondochie  Roy  there,  James  Thomesoun, 
burgess  of  Elgin,  and  others,  to  the  number  of  100  persons,  all  armed 
with  "  bowis,  durkis,  swerdis,  Lochaber  aixes,  malyie  coittis,  Jedburgh 
staulffis,  halbertis,"  and  also  with  guns,  hagbuts  and  pistollets,  went  to 
the  said  William's  "  house  or  chalmer  within  the  burgh  of  Elgin,"  entered 


1618.]  PRIVY  COUNCIL  REGISTER.  237 

the  same  violently,  searched  for  the  said  Frances,  and  "  stoggit  the  haill 
beddis "  in  their  desire  to  get  at  him.  Missing  the  said  Frances,  who 
had  escaped  by  a  private  passage,  they  set  upon  his  mother,  "  trampit 
and  tred  hir  undir  thair  feit"  and  wounded  her  severely. — The  Lord 
Advocate  appearing,  and  the  said  Frances  appearing  for  himself  and 
other  pursuers,  and  the  said  Patrik  Kynnaird,  and  Johnne  Grant, 
apparent  of  Cardaillis,  being  present,  but  the  other  defenders  not 
answering  the  summons,  the  Lords  assoilzie  the  said  Patrik  Kynnaird 
and  Johnne  Grant  because  they  have  denied  the  charge  on  oath  ;  and 
they  order  the  absentee  defenders  to  be  denounced  rebels." 

William  Aysoun,  burgess  of  Elgin,  against  George  Sutherland,  sheriff- 
clerk  of  Elgin  and  Forres,  for  extortionate  overcharge  for  a  copy 
of  a  legal  paper,  and  for  continued  vexation  of  the  pursuer  for 
his  declining  to  pay  the  sum  demanded  :  complaint  found  proven, 
and  defendant  committed  to  ward,  and  deprived  of  his  office. 

"Edinburgh,  I7th  February,  1618. — Complaint  by  William  Eysoun, 
burgess  of  Elgine,  as  follows :  George  Sutherland,  sheriff-clerk  of  Elgin 
and  Forres,  in  contravention  of  the  acts  anent  the  fees  of  clerks  and 
writers,  made  a  charge,  in  the  year  1615,  of  £30  and  i  boll  of  malt  for 
1  ane  litle  act  and  rolment  of  courte,  contening  ane  obsolvitour  frome  ane 
blood,  extractit  be  him  unto  the  said  complenair, — quhilk  contenit  not 
abone  half  ane  through  of  paper.  And,  becaus  the  said  complenair  with 
verie  good  reasoun  repynnit  some  thing  at  this  schamles  and  extraordinair 
price  for  writing  of  half  ane  through  of  paper,  being  verie  willing  not- 
withstanding to  pay  him  sax  tymes  mair  nor  the  saidis  Lordis  be  thair 
ordinance  had  appointit  and  set  doun,  he  thairfore  consavit  ane  grite 
haitrent,  grudge  and  miscontentment  aganis  the  said  complenair.  And, 
althocht  he  nevir  maid  promeis  nor  conditioun  to  him  be  worde  nor 
write  of  the  said  sowme,  yit  verie  unlauchfullie  and  unformalie  he  callit 
and  convenit  the  said  complenair  in  a  schireff  courte,  quhairin  him  selff 
sat  as  judge  and  clerke,  and  he  took  a  decrite  to  him  selff  aganis  the 
said  complenair  for  payment  of  the  said  sowme,  and  commitit  him  to 
waird  within  the  Tolbuith  of  Elgin  for  the  same,  quhairin  he  detenit  him 
a  lang  tyme,  and  hes  haldin  the  said  complenair  in  continewall  tormoyle, 
trouble,  and  faschrie  for  that  caus  almaist  thir  tua  yeiris  bigane,  some- 
tymes  by  arreisting  and  poinding  of  the  said  complenairis  geir,  and 


238  RECORDS  OF  ELGIN.  [1618. 

sometymes  by  wairding  of  his  persone,  quhairby  he  hes  drevin  the  said 
complenair,  who  sometymes  wes  ane  honnest  man,  to  the  extreame 
poynte  of  miserie  and  pouirtie.'  Both  parties  appearing,  the  Lords  find 
the  charge  proven.  They  order  defender  to  pay  ^30  to  pursuer,  and  to 
be  detained  in  the  Tolbooth  of  Edinburgh  during  their  pleasure.  Further, 
they  deprive  him  of  his  clerkship  of  Elgin  and  Forres,  and  of  his  office 
of  notary." 

1618,  August  igth. — Patrick  Dunbar  of  Westerton  complains  against 
John  Dunbar  of  Westfield,  Sheriff  of  Moray  and  others  for  continued 
persecution  and  molestation  "  with  horrible  aitheis  he  avowit  that  he 
sould  haif  his  (Patrick  Dunbar's)  lyff  the  first  tyme  he  saw  him." 
Defenders  deny  on  oath  but  the  Lords  order  the  Sheriff  to  find  law 
surety  in  3000  merks. 

Edinburgh,  ijth  December,  1618. — Complaint  by  Williame  Eysoun 
in  Weeke  against  the  provost  and  bailies  of  the  burgh  of  Elgin,  James 
Douglas,  nephew  of  Alexander,  Bishop  of  Murray,  and  Robert  Dumbar, 
burgess  of  Elgin,  that  he  has  been  wrongfully  committed  to  the  tol- 
booth  of  Elgin  at  the  instance  of  the  said  James  Douglas  and  Robert 
Dumbar. — Williame  Mortymer,  burgess  of  Elgin,  appearing  for  defenders, 
and  giving  in  a  copy  of  the  principal  letters,  and  Johne  Sutherland, 
servitor  of  pursuer,  appearing  for  pursuer,  the  latter  declared  that,  he 
being  directit  to  this  burgh  be  his  said  maister  with  the  principall  letteris 
to  have  bene  gevin  in  before  the  saidis  Lordis  and  with  sindrie  utheris 
letteris  and  writtis  concerning  his  said  maister,  and  being  come  agaitward 
to  the  burgh  of  Bruntiland  upoun  the  day  of  December  instant, 

quhair  he  ludgeit  that  nicht  in  Johnne  Harrowaris  house,  one  Thomas 
Grant,  servitor  to  Johne  Grant,  quha  is  servitor  to  the  laird  of  Mayne 
and  quho  ludgeit  that  nicht  with  the  said  Johnne  Sutherland  and  lay  in 
bed  with  him,  tooke  his  haill  letteris  fra  him  quhenas  he  wes  sleipand  in 
his  bed,  and  careyed  the  same  to  the  said  Johnne  Grant,  his  maister ; 
and  that,  he  haveing  mist  his  letteris  in  the  moirning,  and  haveing  tryed 
that  the  said  Thomas  Grant  raise  about  midnicht  and  past  to  the  said 
Johnne  Grant,  his  maister,  quhair  he  wes  ludgeit  in  Johnne  Murrayis 
house  in  Bruntiland,  and  stayed  with  him  ane  houre  or  thairby,  the  said 
Johnne  Sutherland  went  to  the  said  Johnne  Grant  and  complenit  to  him 
of  the  injurie  and  wrong  done  to  him  be  his  servand.  He  boisted  the 
said  Johnne  Sutherland,  threatning  to  lay  him  faster  nor  his  maister  wer 


l62O.]  PRIVY  COUNCIL  REGISTER.  339 

layde."  The  Lords  understanding  that  the  said  Johnne  Sutherland  has 
been  "  craftelie  circumvenit  and  noting  that  defenders  have  neither 
appeared  personally  nor  exhihited  pursuer,  order  the  said  magistrates  to 
liberate  pursuer  under  pain  of  rebellion." 

1619,  July  ist. — Alexander  Anderson  in  Incharnoch  against  Robert 
Gibson,   burgess   of    Elgin,   and   another    for    suspension    of    horning : 
Complaint   by  Alexander  Anderson  in   Inchirnothe  that  he  has  been 
denounced  rebel  at  the  instance  of  Robert  Gibsoun,  burgess  of  Elgin, 
and  [William]  Duncan,  tenants  for  the  time  of  Sir  John  Seytoun  of 
Bairnis,  and  of  Sir  John  as  their  master,  for  not  appearing  to  answer 
"  tuitcheing  his  alledgeit  comeing   to   the   said    Sir  Johnne   his   saidis 
tennentis  thair  dwelling  houss  and  thair  searcheing,  seiking  and  invading 
thame "  in  manner  stated  in  the  letters  of  horning ;  in  consequence  of 
which  he  was,  a  long  time  ago,  taken  and  imprisoned  in  the  Tolbooth  of 
Elgin,  where  he  is  still  detained.     He  objects  that  he  never  was  laufully 
charged  to  compear,  as,  had  he  been  so,  he  would  have  appeared  and 
proved  his  innocence,  and  that  he  had  found  caution  of  300  merks  to 
answer  on  25th  March  next  and  had  offered  20  merks  for  his  escheat. 
He  craves  that  the  process  be  suspended. — Charge  had  been  given  to  the 
said  Robert  Gibson  and  William  Duncan  in  Incharnoch  to  appear ;  and 
both  parties  now  appearing,  the  pursuer  personally  and  Robert  Gibson 
for  himself  and  the  said  Duncan,  and  the  letters  being  produced,  bearing 
that  the  pursuer  upon  2oth  July,  1617,  came  "be  way  of  hamesucken 
disagwysit  in  weymenis  clothes  undir  cloud  and   silence  of  nicht"  to 
William  Duncan's  house  in  Inchernoch,  broke  the  doors,  entered  with  a 
drawn  sword  in  his  hand,  and  chased  Gibson  and  Duncan  through  the 
house  to  kill  them,  but  being  disappointed  "  brak  doun  the  said  William 
Duncanes  wyndois,  tymmer  worke  and  haill  guidis  and  geir  being  within 
his  house  and  kaist  the  same  oute  at  the  durris  "  the  Lords  assoilzie 
Alexander  Anderson,  because,  the  complaint  being  referred  to  his  oath  of 
verity,  he  has  denied  the  charge.     The  letters  are  accordingly  suspended. 

1620,  August  23rd. — Protest  for  the  Provost  and  Bailies  of  Elgin 
against  a  suspension  of  horning  executed  at  their  instance  against  the 
Magistrates  and  Community  of  Forres.      Robert  Hay,  writer  in  Edin- 
burgh, appears  as  procurator  for  the  provost  and  bailies  of  the  burgh  of 
Elgin,  and  produces  copy  letters  of  suspension   raised  by  the  provost, 
bailies  and  community  of  the  burgh  of  Forres,  charging  the  provost  and 


240  RECORDS  OF  ELGIN.  [l62I. 

bailies  of  Elgin  to  appear  and  show  cause  against  suspension  of  a 
horning  by  them  against  the  burgh  of  Forres  in  which  the  inhabitants  of 
Forres  were  declared  to  have  "  bocht  and  ressavit  fra  the  saidis  provest 
and  bailleis  of  Elgin  the  firlott,  peck  and  half  thairof,  and  to  have  usit 
the  samyn  in  buying,  selling,  ressaveing  and  deliverie  of  thair  victuall." 
The  burgh  of  Forres  not  appearing,  the  said  Robert  Hay  protests  that 
the  suspension  shall  not  take  effect,  and  that  the  letters  of  horning  ought 
to  be  put  to  execution  against  the  said  burgh  of  Forres ;  which  protest 
the  Lordis  admit,  ordering  letters  to  be  directed  accordingly. 

1621,  February  ist. — Robert  Gibson,  burgess  of  Elgin,  against  Robert 
Martin  for  assault.  Complaint  by  Robert  Gibsoun,  burgess  of  Elgin, 
that  on  the  day  of  ,  while  he  was  walking  quietly  upon 

the  "  gait "  of  Elgin,  Robert  Mairtene,  burgess  of  that  burgh,  came  with 
a  drawn  dirk  in  his  hand  behind  the  complainer's  back,  "gaif  him  ane 
straik  throw  his  clock,"  hurt  and  wounded  him,  and  would  have  slain 
him  had  he  not  escaped. — Both  parties  appearing  personally,  the  Lords 
find  the  defender  guilty,  and  order  him  to  be  committed  to  ward  in  the 
Tolbooth  of  Edinburgh. 

1621,  April  25th. —  Thomas  Wentoim,  merchant  burgess  of  Edinburgh, 
against  James  Garden  and  Thomas  Kinnaird  for  assaulting  him  in  Elgin. 
Complaint  by  Thomas  Wentoun,  merchant  burgess  of  Edinburgh,  as 
follows :  On  7th  February  last,  while  he  was  on  the  high  street  of  the 
burgh  of  Elgin  about  his  lawful  business,  James  Gairdyne  and  Thomas 
Kynnaird,  burgesses  of  Elgin,  both  armed,  fiercely  set  upon  him,  hurt 
and  wounded  him  in  sundry  parts  of  his  body,  and  would  have  slain  him 
had  he  not  escaped.  They  also  "  reft  frome  him  his  purse  with  the 
sowme  of  tua  hundreth  merkis  thairintill,  togidder  with  the  hingaris 
and  skabbert  of  his  sword,  and  keepis  the  same  from  him  as  yitt." 
Pursuer  appearing  personally,  and  the  defenders  not  appearing,  the 
Lords  find  them  guilty  as  libelled,  and  order  them  to  enter  themselves 
in  ward  in  the  Tolbooth  of  Edinburgh  within  fifteen  days  on  pain  of 
horning. 

1621,  August  7th,  Edinburgh. — Caution  for  Robert  Innes  not  to  molest 
Marion  Strachan  or  John  Dunbar,  burgess  of  Elgin.  This  day  Mr. 
Robert  Case,  advocate,  as  procurator  for  principal  and  cautioner,  registers 
a  bond  by  Robert  Innes,  lawful  son  to  Alexander  Innes  of  Coittis,  and 
with  him  George  Gordoun  of  Geycht,  as  cautioner,  that  he  shall  not 


1622.]  PRIVY   COUNCIL   REGISTER.  24! 

molest  Marioun  Strachane,  relict  of  Johnne  Innes  of  Leucharis  and 
Johnne  Dunbar,  notary  public  of  Elgin,  nor  their  families,  &c.,  under  the 
pain  of  500  merks. 

1621,  December    I3th.  —  Act   providing   for  the   due   collection    in 
Morayshire,  where  the  office  of  Sheriff  is  at  present  virtually  vacant, 
of  the  Taxation  voted  to  the  king  by  the  late  Parliament.     The  Three 
Estates  in  his  Majesty's  Parliament  held  at  Edinburgh,  August,  1621, 
did  grant  unto  his  Majesty  for  the  next  four  years  a  taxation  of  "the 
tuentie  penny  of  all  annualrentis,"   "and  quhairas   the   Lordis  of  his 
Majesteis  Previe  Counsell  understandis  that  David  Kinloch,  burges  of 
Edinburgh,  hcs  apprised  fra  Dunbar  of  ,  lait  Schireff  of 
Elgin  and  Fores,  the  office  of  Schirefship  of  the  said  Schirefdome,  and 
that  the  said  David  Kinloche  notwithstanding  thairof  hes   not  as  yitt 
come  in  possessioun  of  the  said  office,"  therefore  James  Rutherfoorde, 
provost  of  Elgin,  and  James  Law,  late  shireff  clerk  of  Elgin  and  Forres, 
are  appointed  to  collect  said  taxation. 

1622,  January   8th. —  Commission   of  the   Sheriffship  of  Elgin   and 
Forres  to  Lord  Lovat,  that  Sheriffship  having  been  virtually  vacant  since 
the  death  of  the  late  Sheriff,  John  Dunbar  of  Westfield.     "  Forsamekle  as 
it  is  understand  to  the  Lordis  of  Secreit  Counsell  that  the  office  of 
schirefship  of  the  schirefdome  of  Elgin  and  Foress  hes  bene  thir  divers 
yeiris  bigane  voyd  and  vacand  and  the  administratioun  of  justice  to  his 
Majesteis  subjectis  within  the  said  schirefdome  hes  altogidder  ceast  and 
beene  neglectit,  pairtlie  through  deceis  of  umquhill  Johnne  Dunbar  of 
Westfield,   late   schireff  of    the   said    schirefdome,   and    pairtlie   upoun 
occasioun  of  ane  pretendit  appryseing  of  the  said  office  led  and  deduceit 
by  David  Kinloche,  merchant  burges  of  Edinburgh,  who  being  a  persone 
altogidder  unfitt  and   uncapable  of  suche  a  charge  and  burdyne,  and 
being  conscious  to  him  selff  of  his  awne  waiknes  and  insufficiencie,  he 
hes  wyislie  foirborne  to  medle  thairwith  or  to  undertak  a  charge  quhair 
by  be  his  insufficiencie  to  discharge  the  same  he  wald  procure  contempt 
and  discredite,  sua  that  the  course  of  justice  within  that  schirefdome  is 
interruptit  and  shaikin  lowse,  his   Majesteis  goode  subjectis  ar  havelie 
interest  and  prejudgeit,  malefactouris  are  overseene,  and  evill  disposit 
personis  takis  bauldnes  without  controlment  to  offend  at  thair  pleasour, 
and  with   that   his   Majesteis   awne   affairis   and   service   bothe   in   his 
taxationis   and    otherwayes,   quhairof    the    directioun    and    executioun 

G  I 


242  RECORDS  OF  ELGIN.  [1623. 

pertenis  to  the  schireff,  ar  frustrat  and  hinderit ;  and  the  saidis  Lordis 
foirsecing  that  it  is  a  mater  towcheing  thame  in  honnour  and  justice  and 
in  thair  dewitie  and  alledgeance  to  his  Majestic  not  to  suffer  suche  a 
pairt  of  the  kingdome,  so  weele  replcneist  with  grite  nomberis  of  his 
Majesteis  goode  subjectis  of  all  rankis  and  qualityis,  to  be  sa  lang  voyde 
of  governament  and  ordour ;  and  understanding  the  worthie  and  hon- 
nourable  dispositioun  of  Symon,  Lord  Frasair  of  Lovatt,  towards  the 
furtherance  and  advancement  of  justice  and  his  goode  affectioun  to 
serve  his  Majestic  in  ony  charge  salbe  layed  upoun  him:"  thairfore  his 
Majesty  appoints  the  said  Lord  Shereff  Principal  of  Elgin  and  Forres. 

1623,  March  6th. — Complaint  by  Robert  Innes  of  that  ilk  against 
Thomas  Innes  of  Faithnick.  On  3rd  June  last  Thomas  Innes  of 
Paithnik  came  to  the  town  of  Elgin,  where  Robert  Innes  was  for  the 
time,  "  and  curiouslie  tryit  quhat  tyme  the  said  Robert  wes  to  remove  af 
the  town,"  while  he  also  had  "  a  spyc  at  the  said  Robert  his  stable  doore 
to  gif  notice  unto  him  of  the  drawing  of  his  horsse  and  quhat  way  [he] 
tooke  to  go  out  of  the  town."  The  spy  having  "  followit  his  directioun," 
Thomas  Innes,  with  George  and  James  Gordoun,  sons  of  John  Gordoun 
of  Auchannachie,  King,  son-in-law  of  the  said  John  Gordoun, 

and  John  Tulloch,  servitor  to  Innes,  each  wearing  a  pair  of  pistols, 
besides  other  armour,  went  "  to  ane  narrow  vennall  by  the  quhilk  the 
said  Robert  Innes  wes  to  go  out  of  the  town."  There  they  set  upon  him 
unawares  with  "  drawne  swordis  and  bendit  pistolles  in  thair  hand  and 
with  a  sword  thay  gaif  Thomas  Innes,  servand  to  the  said  Robert,  a 
most  crucll  and  deadlie  wound  athorte  his  whole  bak,  sua  that  thair  is  no 
appearance  of  lyff  for  him.  And  every  one  of  thame  after  ane  uther 
presentit  ane  bendit  pistollett  to  the  said  Robert  his  breast,  of  purpois  to 
have  schoitt  him  thairwith  "  ;  and  this  they  would  have  done  had  he  not 
"  dang  the  pistollettis  out  of  thair  handis,  of  the  quhilkis  pistollettis  he 
at  that  same  time  tooke  four  from  thame."  The  pursuer  appearing 
personally  and  Thomas  Innes  of  Pethnik  appearing  by  Roger  Mowat, 
who  excuses  his  absence  on  account  of  sickness  while  the  other  defenders 
do  not  appear,  the  Lords  find  the  defenders  (except  John  Tulloch)  guilty, 
and  order  them  to  be  charged  to  enter  the  Tolbooth  of  Edinburgh  within 
fifteen  days,  there  to  remain  till  further  order  be  taken  with  them.  John 
Tulloch  is  assolzied  for  want  of  proof." 

1623,  March  i3th. — Re-appointment  of  Lord  Fraser  of  Lovat  to  the 


1625.]  PRIVY  COUNCIL  REGISTER.  243 

Sheriffship  of  Elgin  and  Forres,  the  former  commission  having  expired. 
This  new  commission  to  last  till  ist  August,  1625. 

1624,  June  roth. — Punishment  of  William  Rig,  bailie  of  Edinburgh, 
John  Hamilton,  apothecary,  John  Mein,  merchant,  John  Dickson,  flesher, 
and    William    Simson,  vintner,   burgesses  of   Edinburgh,  for  their  im- 
pugning of  the  doctrine  of  Dr.  Forbes,  and  their  opposition  generally 
to  the  discipline  of  the  church.     The  Lords  found  that  John  Mein,  with 
others,  urged    ministers   to   celebrate  the  communion    contrary  to  the 
received  order  of  the  Church  and  the  public  law  of  the  kingdom,  "  and 
ordanis  the  said  Johne  to  be  confynned  within  the  burgh  of  Elgine,  and 
to  mak  his  address  thair  within  tuentie  dayis  nixt  after  the  dait  heirof." 
— June  24th.     John  Mean,  seeing  that  his  trade  will  be  undone  and  his 
poor  family  suffer,  supplicates  the  Lords  "to  releeve  him  of  his  confyneing 
and  he  will  promeis  nevir  to  medle  in  thir  churche  materis  heirafter." 
The  Lords   prorogate  the   commencement  of  his  sentence  for  twenty 
days  that  in  the  meantime  he  may  deal  with  the  ministers  of  Edinburgh 
and  give  them  satisfaction,  and  thereby  get  them  to  intercede  with  the 
Lords  in  his  behalf. — July  ist.     John  Mean  and  the  others  tried  along 
with  him  are  declared  incapable  of  any  public  charge  in  the  kirk  or  town 
hereafter. — December    I5th.      He   is   granted    permission    to   return    to 
Edinburgh  to  secure  his  family  against  the  plague,  and  to  remain  there 
till   I5th  January. 

1625,  January   nth.  —  John    Mean's   supplication:   "After  his   long 
confyneing  within  the  burgh  of  Elgyne    ...    he  maid  his  addres  heir 
with  the  grite  hasaird  and  perrill  of  his  lyffe,  not  onlie  in  respect  of  the 
way,  whilk  in  a  maner  wes  not  possible  for  men  nor  horse,  bot  speciallie 
seing  ludgeing  wes  refuisit  him  in  all  parts  quhair  he  come,  and  if  he  had 
not  come  from  the  north  he  had  never  gottin  ane  house  to  set  his  head 
in,  and  if  he  goe  bak  thair  agane  he  may  resolve  never  to  be  admittit  in 
ane  house  be  the  way."     He  prays  for  an  extension  of  grace  also  on  the 
ground  of  his  wife's  delicate  health.     The  Lords  grant  an  extension  of 
eight  days. — January  i8th.     On  his  petition  an  extension  of  fifteen  days 
in  Edinburgh  is  granted,  he  pleading  the  state  of  his  wife's  health,  his 
numerous  family  and  the  troubles  of  one  travelling  from  a  place  reported 
to  have  plague.     Thereafter  extension  was  granted  from  time  to  time 
till  30th  March. 


Shield  at  Greyfriars. 


REFERENCES  TO  ELGIN  IN  THE  REGISTER  OF  THE 
GREAT  SEAL  (i565-i649>. 

1565-1572.  The  names  and  annual  value  of  the  lands  and  barony  of 
Kilmalammok :  (a)  Petgowny  (£16,  8  dozen  capons,  8  dozen  poultry, 
8  dozen  chickens,  i  chalder  custom  oats,  £16  grassum  every  third  year) ; 
(b)  Barflathills  (£13  6s.  8d.,  4  dozen  capons,  20  merks  grassum  every 
third  year);  (c)  Over  Barflathills  (£10  133.  4d.,  12  poultry,  £10  133.  4d. 
grassum  every  third  year)  ;  (d)  and  (e)  Dunkyntie  and  Frostersait 
(2  chalders  bear  each) ;  (f)  Hauchis  of  Barflathills  (32  merks) ;  (g) 
Sanctandrois-Kirktoun  with  Kirk-hill  (3  chalders  bear) ;  and  (h)  Scottis- 
tounhill  (i  chalder  bear).  The  value  of  bear  is  given  at  2  merks  per 
boll,  meal  2os.  per  boll,  custom  oats  135.  4d.  per  boll,  salmon  £10  per 
barrel,  wedders  133.  4d.  a  piece,  capons  2s.  a  piece,  poultry  I2d.  a  piece, 
chickens  6d.  a  piece,  butter  i8s.  per  stone,  and  peats  4d.  per  load. 

1577,  April  24th. — The  king  confirmed  a  charter  of  Gavin  Dunbar, 
archdean  of  Moray,  by  which  with  consent  of  George,  Bishop  of  Moray, 
and  the  dean  and  canons  thereof,  for  a  large  sum  of  money  paid  to  him 
for  repair  to  the  churches  of  Fores  and  Edinkelye  he  set  in  feu-farm  to 
John  Gibson,  rector  of  Unthank,  in  life  rent  and  William  Gibson  his  son, 
cousin  of  the  said  Gavin,  the  lands  and  crofts  lying  between  the  crofts 
of  the  canons  of  Moray.  One  of  the  crofts  lay  between  the  croft  of  the 
rectory  or  prebend  of  Croy  on  the  east  and  the  croft  of  the  rectory  of 
Kynnoir  on  the  west,  extending  from  the  burn  of  Tayok  on  the  south 
to  Deid  Lossy  on  the  north,  another  lay  between  the  croft  of  the  sub-dean 
on  the  east,  the  Treasurer's  crofts  on  the  west  extending  from  the  lands 
of  Pannis  towards  the  north  to  the  lands  of  Mr.  Alexander  Douglas, 
then  possessed  by  Thomas  Myll,  burgess  of  Elgin,  on  the  south,  the 
third  between  the  croft  or  tail  of  the  sub-dean  on  the  east,  the  tail  of 

(245) 


246  RECORDS  OF  ELGIN.  [1586. 

the  land  of  the  succentor  on  the  west  extending  from  the  stone  wall 
which  surrounded  (circumdedit)  the  college  of  the  Cathedral  Church  of 
Moray  on  the  north  to  the  king's  highway  at  the  burgh,  and  from  the 
burgh  of  Elgin  to  the  east  boundary  of  said  burgh  at  the  south. 

1577-8,  February  i8th. — The  king  confirmed  a  charter  granted  by 
James,  Commendator  of  Fluscarden  and  convent  thereof,  by  which  for 
sums  of  money  paid  for  the  repair  of  his  monastery  then  almost  altogether 
wasted  they  set  in  feu-farm  to  Archibald  Douglas  of  Pettindreich  the 
lands  and  barony  of  Pluscarden,  including  the  mill  of  Monachtie,  the 
mills  of  Elgin  and  Mostowie,  &c. 

1581,  December  i6th. — The  king  granted  to  Patrick,  Master  of  Gray, 
junior,  his  heirs  and  assignees,  the  lands  and  barony  of  Kilmalamok,  the 
town  and  lands  of  Foresterseit,  the  town  and  lands  of  Dunkintie,  the 
town  and  lands  of  Petgowny,  the  town  and  lands  of  Barnethillis  called 
Cauldhame,  the  town  and  lands  of  Over  Barnethillis,  with  the  Hauch 
thereof,  which  fell  to  the  king  by  the  forfeiture  of  Archibald  Douglas, 
formerly  of  Pettindreich,  son  natural  of  the  deceased  James,  formerly 
Earl  of  Mortoun,  lord  of  Dalkeith. 

1581,  December  i6th. — Apud  Halyruidhous.  Rex  concessit  Patricio, 
Commcndatario  dc  Lundoris,  hercdibus  ejus  et  assignatis,  —  edes  et 
habitaculum  appellatum  the  kous  of  Pettindreich,  cum  horto  et  pomario, 
jacen.  in  burgo  de  Elgin  ex  borcali  latere  vie  publice  ejusdem  (inter 
terras  Wil.  Innes  burgen.  de  Elgin,  hortos  the  Channownis-yairdis,  viam 
publicam  appellatam  the  Channonrie-dois,  et  communia  stagna  dicti 
burgi) ;  que  regi  devenerunt  ob  forisfacturam  Archibald!  Douglas,  olim 
de  Pettindreich,  filii  naturalis  quondam  Jacobi,  olim  comitis  de  Moirtoun 
dom.  de  Dalkeyth.  Tenend.  in  libero  burgagio. 

1582-3,  February  loth.  —  Apud  Halyruidhous.  Rex  dedit  litcras 
legitimationis  Alexandro  Grant  burgensi  de  Elgin,  bastardo,  fiilio  naturali 
quondam  Simonis  Grant  in  Knokcannoch. 

1586,  July  I4th. — The  king  confirmed  to  John  Annand  of  Mureistoun, 
provost  of  the  burgh  of  Elgin,  and  Jonete  Cuming,  his  spouse,  a  charter 
of  the  following  lands  from  William,  Bishop  of  Murray,  by  which  he 
granted  [22nd  April,  1480]  to  the  deceased  James  Falconer  the  lands  of 
Middillhauch  called  Moreistoun,  between  the  lands  of  Francoklaw  and 
the  lands  of  Auchterspyne  called  Schirefmyll  in  his  barony  of  Spynie, 
paying  45.  annually  and  the  wonted  multure  to  the  mill  of  Mallauthy 
called  Bischopmyll. 


I59I-]  REGISTER   OF  THE  GREAT  SEAL.  247 

1586,  July  I4th. — The  king  confirmed  a  charter  by  the  deceased 
Alexander,  Prior  of  Pluscarden,  and  his  convent,  by  which  they  set 
[8th  September,  1570]  to  William  Gaderar,  burgess  of  Elgin,  and  the 
deceased  Jonet  Dunbar,  his  spouse,  the  mill  of  Mullane  in  the  parish  of 
Duppill. 

1586,  August  I3th. — The  king  confirmed  a  charter  of  Patrick,  Bishop 
of  Moray,  by  which  for  two  hundred  pounds  he  set  [i6th  February,  1562] 
to  Alexander  Anderson  in  Wester  Alves  in  life  rent  and  Alexander 
Anderson  his  son,  burgess  of  Elgin,  in  fee,  and  Bessette  Gordoun,  his 
spouse,  the  town  and  lands  of  Inchebrok  in  the  barony  and  regality  of 
Spynie. 

1586,  December  8th. — The  king  confirmed  a  charter  granted  by 
Florence  Home,  perpetual  chaplain  of  the  altar  of  S.  Catherine  in  the 
Cathedral  Church  of  Moray  by  which  with  consent  of  Patrick,  Bishop  of 
Moray  and  Commendator  of  Scone,  and  the  dean  and  canons  of  Moray, 
he  set  [8th  August,  1544]  in  feu  farm  for  three  years  to  William  Gadderar, 
junior,  burgess  of  Elgin,  and  Jonet  Dumbar,  his  spouse,  the  lands  or 
crofts  called  Sanct-Katreinis  croftis  on  the  west  side  of  the  crofts  of 
Elgin  between  the  crofts  or  lands  of  Robert  Innes  of  Innermarkie  the 
peat  moss  of  the  said  burgh  and  the  king's  highway  from  the  said  burgh 
to  Mayne,  paying  four  bolls  victual  annually. 

1587-88,  February  7th.  —  At  Holyroodhouse.  The  king  granted 
letters  of  legitimation  to  Agnes  Hepburn,  bastard,  daughter  natural  of 
the  deceased  Patrick,  Bishop  of  Moray. 

1590,  June  25th. — The  king  set  in  feu  farm  to  James  Dowglas,  son 
natural   of    William    Douglas,   chaplain    of    St.    Laurence,   within    the 
Cathedral  Church  of  Moray,  his  heirs,  &c,  the  manse  of  said  chaplainry 
founded  on  the  lands  of  Catboll  with  houses  and  garden  lying  within  the 
college  of  the  Cathedral  Church  of  Moray  between  the  manse  of  Moy 
at  the  east,  Lazarus  wynd  at  the  west,  the  king's  highway  from  the  burgh 
of  Elgin   to   Stanecroshill  towards  the  south,  and   the   manse   of  the 
chaplain  of  S.  Mary  Magdalene  within  the  said   church  towards  the 
north,  paying  annually  405. 

1591,  July  3rd. — Apud  Falkland.     Rex,  cum  consensu  etc. — pro  bono 
servitio    ad    feudifirmam   dimisit   quotidiano    servitori    suo   Alexandro 
Younge  de  Eisterfeild,  heredibus  ejus  et  assignatis, — croftam  lie  Ducat- 
croft  (inter  terras  hospitalis  vocat.      Manssonedew   prope   burgum   de 


248  RECORDS  OF  ELGIN.  [l592- 

Elgin  ex  occidental!  capelle  ejusdem), — que  ad  dictam  capellaniam  de 
Mossonedew  et  Grene  prius  pertinuit, — croftam  de  Grene  ad  ollam 
Ordinis  lie  Ordour-pote  [adjacentem,  inter  terras  de  Droich  et  viam 
regiam  tenus  capella  de  Grene  fundata  apud  diet,  lie  Ordour-pot\  et  tune 
destructam  terrarum  tenementa  et  mansioncm  Egideii  (jacen.  inter  terras 
capellanie  S.  Michaelis,  murum  lapideum  collegii  de  Elgin,  et  terras 
capellanorum  de  Elgin),  necnon  terrarum  tenementa  (inter  publicam 
viam  ad  Bischop-mylne,  terras  de  Herviishauch,  terras  burgales  de  Elgin, 
terras  Jac.  Gordoune  de  Knokaspak,  diet,  murum  lapideum,  fines  man- 
sionis  capellanie  Dive  Katerine)  cum  domibus  et  hortis  et  croftas  vocatas 
Sanct-Katereiniis-croftis  jacen.  occidentaliter  a  loco  vocato  the  Gray- 
Freiris  of  Elgin  (descendendo  a  publica  via  ab  australi  latere  burgi  de 
Elgin  ad  labenam  communem)  cum  columbario  venelle  Fratrum  the 
Frcir-wynde  dc  Elgin, — que  prius  ad  capellanos  ecclesie  cathedralis  de 
Elgin,  saltern  corum  unum  vel  plures  pertinuerunt, — in  territorio  burgi  de 
Elgin,  vie.  de  Murray : — Reddend.  pro  qualibet  crofta  4  bollas  ordei 
(vel.  6  sol.  8  den.  pro  qualibet  bolla),  pro  tenementis  etc.  26  sol.  8  den., 
[firme  antique,  et  6  sol.  8  den.]  augmentations ;  necnon  duplicando 
feudifirmam  in  introitu  heredum." 

1591-2,  Jauuary  25th. — The  king  set  in  feu-farm  to  John  Hamilton  in 
Auchriggis,  his  heirs  &c.  (i)  the  lands  of  Hervinshauch  on  the  north  side 
of  the  burgh  of  Elgin  (between  the  burgh  lands,  the  water  of  Lossie, 
Carsmenis-wynde  and  the  vennel  from  the  College  of  Moray  to  said 
water) ;  (2)  the  Vicar's  croft  of  Elgin  lying  among  the  other  crofts  of  the 
canons  of  Moray  (between  the  croft  of  the  rector  of  Abirlour,  Baxter's 
croft,  the  water  of  Lossy  and  the  lands  of  the  Blessed  Virgin  Mary, 
alias  the  Lady  of  Greine)  in  the  regality  of  Spynie  ;  and  (3)  the  manse, 
garden  and  tails  of  said  vicarage  on  the  north  side  of  the  burgh  of  Elgin 
(between  the  lands  of  the  deceased  John  Robertson,  merchant  burgess  of 
Elgin,  the  lands  of  the  heirs  of  the  deceased  Robert  Mawer  and  said 
water) ;  all  which  were  formerly  part  of  the  temporality  of  the  vicarage 
of  Elgin  :  Paying  for  Hervinshauc  two  chalders  victual  (or  twelve  merks 
each  chalder),  for  croft  and  manse  40  shillings  old  ferrn  and  40  pence 
augmentation,  and  doubling  of  feu  ferm  at  entry  of  heirs. 

1592,  June  loth.  —  Apud  Halyrudehous.  Rex,  —  quia  per  actum 
commissariorum  burgorum  conventionis  tente  apud  Monros,  16  Jun. 
1591,  statutum  est  quod  prepositus,  ballivi  &c.  burgorum  locarent  in 


1 595-]  REGISTER  OF  THE  GREAT  SEAL.  249 

feudifirmam  burgensibus  suis  terras  suas  communes,  et  quod  regis 
autoritas  interponeretur,  —  ordinavit  prepositum  et  ballivos  Burgi  de 
Elgin  cum  consensu  concilii  et  communitatis  dicti  burgi,  assedare  et  in 
feudifirmam  locare  burgensibus  dicti  burgi,  eorum  heredibus  et  assignatis, 
— terras  communes  dicti  burgi,  pro  tali  gressuma,  annuo  redditu  et  aug- 
mentatione  que  de  eisdem  extorqueri  possent ;  et  ratificavit  omnia 
infeofamenta  per  eos  desuper  facta  et  facienda. 

1594-5,  March  22nd. — "  Apud  Halyrudhous.  Rex,— quia  OPPIDUM 
DE  ELGIN  in  burgum  regium  antiquitus  est  erectum,  atque  in  fundo 
procul  ab  ullo  idoneo  portu  situm  extitit,  nullumque  aut  parvum  com- 
mercium  multis  annis  elapsis  habucrat,  eaque  occasione,  ac  civili  tumultu 
ibi  nuper  grassante,  burgenses  eo  paupertatis  reducti  sunt  quod  rex 
commodum  nullum  ex  eorum  custumis  reciperet,  &c., — ratificavit  omnes 
concessiones  per  se  aut  suos  predecessores  dicto  burgo  factas,  et  presertim 
de  terris  de  Mostolly,  Dovelegrene,  Glasgrene,  cum  lie  Greisschip  et 
marresiis  de  Strakaynt,  cum  libero  introitu  ad  portus  de  Lossy  et  Spey, 
custumis,  devoriis  anchorariis  aliisque  privileges  consuetis,  ac  nundinis 
in  dicto  burgo  observat,  cum  theloniis  &c. ;  necnon  omnia  infeofamenta 
per  prepositum  &c.,  quibuscunque  personis  concessa  de  terris  &c.  dicti 
burgi :  ULTERIUS  de  novo  dedit  dicto  burgo,  ejus  preposito,  ballivis, 
consulibus  et  communitati,  eorumque  successoribus, — dictum  burgum  de 
Elgin  cum  ejus  terris  &c.,  presertim  Mostolly  &c.  (ut  sup.)  cum  dictis 
portubus  de  Lossy  et  Spey,  et  cum  ceteris  portubus,  porticulis  et  crekis 
inter  aquas  de  Spay  et  Findorne  ubi  navis,  cimba  levis,  scapha  aut 
quodcunque  aliud  vas  hujus  generis  recipi  posset ;  cum  potestate  portus 
edificandi  &c.,  et  liberas  nundinas  consuetas  tenendi,  et  alias  nundinas 
prout  eis  videretur  expediens  statuendi  ;  tholonias  levandi  &c.  (nee 
Hceret  fora  publica  aut  nundinas  apud  ecclesias  parochiales,  capellas  aut 
alibi  infra  4  miliaria  dicto  burgo  adjacentia  tenere,  sed  quod  bona  infra 
dictas  bondas  solvi  solita  ad  dictum  burgum  portarent  et  venderent 
custumasque  solverent) ;  —  ac  cum  potestate  burgensibus  prepositum, 
ballivos,  thesaurarium,  gilde  decanum,  consules  &c.,  eligcndi,  leges  pro 
boni  ordinis  observatione  statuendi,  liberos  burgenses  per  consules  et 
gilde  decanum  creandi ;  cum  potestate  suffarcinandi  et  decortandi  lie  to 
pak  et  peill,  emendi  et  vendendi  &c. ;  cum  potestate  terras  dicti  burgi  in 
feudifirma  sive  alias  disponendi,  resignationes  recipiendi  &c. :  IN  SUPER 
rex, — quia  hospitale  lie  massindew  apud  diet,  burgum  fundatum  extitit 

H  I 


250  RECORDS  OF  ELGIN.  [1619. 

ad  alendas  quasdem  indigentes  personas  ad  exercendos  quosdam  super- 
stitiosos  ritus  tune  verbo  divino  et  legibus  regni  abolitos  ;  et  nihilominus 
terre  et  redditus  dicti  hospitalis  a  tempore  reformationis  religionis  ad 
usus  particulares  quorundam  hominum  applicati  erant  absque  respectu 
habito  ad  dictos  paupercs  aut  ecclesie  servitia  aliosque  pios  usus, — 
concessit  dictis  preposito  &c. — dictum  hospitale,  et  preceptoriam  et  jus 
patronatus  ejusdem,  cum  terris  &c. ;  cum  potestate  preceptoris  officium 
ludimagistro  idoneo  ad  docendam  musicam  aliasque  artes  liberates  infra 
diet,  burgum  (qui  magister  in  officiis  ecclesie  prout  eis  videretur  expediens 
servire  teneretur)  concedendi,  pauperesque  quoti  in  prima  fundatione 
statuti  sunt  imponendi ;  cum  potestate  dictis  preposito  &c.  prosequendi 
pro  reductione  infeofamentorum,  assedationum  &c.  de  possessionibus 
predicti  hospitalis :  REDDEND.  servitium  burgi  debitum  et  consuet. ;  et 
pro  hospital!  sustinendo  ludimagistrum  et  pauperes  secundum  con- 
suetudinem  ejusdem." 

1595,  June  1 8th. — The  king  granted  to  George  Annand,  son  of  John 
Annand,  provost  of  the  burgh  of  Elgin,  his  heirs  and  assignees,  two 
perticates  of  land  and  houses  standing  thereon,  lying  adjacent  within 
the  burgh  of  Elgin  on  the  north  part  of  the  king's  highway  (between 
the  lands  of  Alexander  Bayne,  burgess  of  Elgin,  the  lands  of  Beroald 
Collie,  and  the  path  called  the  Derne-rod,  leading  from  the  said  burgh  to 
the  cathedral  church  of  Murray)  which  fell  to  the  king  on  the  death  of 
Sir  James  Dowglas,  chaplain  of  said  church,  bastard  ; — To  be  held  in 
free  burgage. 

1596,  August  1 3th. — The  king  granted  letters  of  remission  to  James 
Law,  messenger  in  Elgin,  to  last  for  his  lifetime  for  his  being  art  and 
part  in  the  slaughter  of  William  Taylor  in  Elgin. 

1610,  January  gth. — The  king  granted  letters  of  remission  to  James 
Mawer  in  Dallaquhy,  to  last  for  his  life,  for  the  unpremeditated  slaughter 
of  John  Jameson,  burgess  of  Elgin,  in  the  month  of  October,  1605. 

1619,  October  6th. — The  king  granted  to  David  Kinloche,  merchant 
burgess  of  Edinburgh,  his  heirs  and  assignees,  whatsomever,  redeemable 
within  seven  years,  certain  lands  in  the  barony  of  Moyncs,  also  the  town 
and  lands  of  Westfield,  the  office  of  Sheriff  of  Elgin  and  Forres,  the 
castle  of  Forres,  &c.,  which  pertained  to  John  Dunbar  of  Westfield,  and 
were  appreciated  by  the  said  John  and  Elizabeth  Fraser,  his  spouse,  for 
9820  merks  due  to  the  said  David,  on  certain  conditions  and  reserving 
half  of  Westfield  to  Mr.  James  Nicoll,  merchant  burgess  of  Edinburgh. 


1642.]  REGISTER  OF  THE  GREAT  SEAL.  25! 

1638,  January  i6th. — The  king  granted  to  Alexander  Dunbar,  son  of 
the  deceased  John  Dunbar  of  Westfield,  the  office  of  Sheriff  of  Elgin 
and  Forres  and  the  Castlehill  of  Forres  which  Mr.  Robert  Balcanquell, 
minister  at  Tranent,  and  Mr.  Alexander  Paterson,  apothecary  burgess  of 
Edinburgh,  with  consent  of  Robert  Dunbar  of  Burgie  and  Mr.  Gavin 
Dunbar,  chantor  of  Murray,  resigned  for  new  infeftment  to  Alexander 
Dunbar. 

1641,  I5th  November. — "Apud  Halyruidhous.     REX, — cum  consensu 
&c. — concessit   preposito,  ballivis,  consulibus   et   communitati    BURGI 
DE  ELGIN  in  Murray,  et  eorum  successoribus, — terras  de  Glasgrein, 
intra  libertatem  et  territorium  dicti  burgi,  vie.  de  Elgin  et  Forres  ; — quas 
iidem  prepositus  &c.  resignaverunt,  instrumentis  captis  in  manibus  M. 
Willelmi  Hendersoun  notarii  publici : — INSUPER  rex, — quia  ecclesia  de 
Elgyne,  que  fuit  ecclesia  cathedralis  Moraviensis  et  cujus  cure  Jo.  novis- 
simus  episcopus  Moravien.  inserviebat,  minime  provisa  erat  de  sustenta- 
tione    duorum    ministrorum    et    lectoris,    parochis    ad    numerum    3000 
communicantium  vel  eocirca  extendentibus,  et  commissionarii  invenerant 
quod  provider!  debuit  ad   10  celdras  victualium  et  200  mercas  monete 
(extenden.  ad  1 1  lib.  2  sol.  2  den.  sterline),  cum  gleba  et  mansa,  pro 
primo  ministro,  800  mere,  pro  secundo  ministro,  cum  40  lib.  (extendenti- 
bus ad  3  lib.  6  sol.  8  den.  sterline)  pro  elementis  communionis,  et  ad 
vicariam  parochie  et  ville  de  Elgine,  valuatam  ad  200  mere.,  pro  lectore, 
— concessit   et   mortificavit    dicte    ecclesie    dicta    stipendia   de   decimis 
garbalibus   et   rectorie  dicte  parochie,  et  lectori  decimas  vicarias ; — et 
cum  consensu   M.  Gilbert!   Ros  rectoris  et  Willelmi  Murray  vicarii  de 
Elgin,  concessit   ct   quitteclamavit  dictis   preposito  &c. — advocationem 
rectorie  et  vicarie  dicte  ecclesie,  cum  decimis  &c. ; — que  antea  pertinuerat 
ad  diet,  episcopatum  ;  et  quam  rex  a  dicto  episcopatu  dissolvit  et  ad 
diet,   terras  univit   inseparabiliter : — REDDEND.   regi   pro   terris   firmas 
burgales  et  servitium  burgi  consuet. ; — pro  advocatione  unum  den.  albe 
firme ;    et   ministris   et   lectoribus   dicta   stipendia: — absque  prejudicio 
regie  annuitatis,  &c." 

1642,  February  igth. — Included  in  a  list  of  possessions  appreciate 
from  the  Marquis  of  Huntly  of  this  date  (but  not  in  a  list  of  date 
27th  December,  1639),  is  "magnum  domicilium  seu  tenementum  cum 
hortis  in  burgo  de  Elgin."     A  list  of  lands  belonging  to  the  Marquis  of 
Huntly,  which  were  appreciate  23rd  June,  1642,  for  .£75,087  133.  4d., 


252  RECORDS  OF  ELGIN.  [1649. 

includes  "tenementum  in  Elgin,  terras  de  Sanct-Niniane  in  ecclesia 
cathedral!  de  Murray  fundat.  (aliquando  per  Cuthbertum  Cumyng 
occupat.)  cum  horto  vie.  Elgin." 

1647,  August  2oth. — The  king  granted  to  Thomas  Dunbar  of  West- 
field  half  of  the  lands  of  Boighoill  and  the  office  of  Sheriff  of  Elgin 
and  Forres,  the  tower  and  manor  place,  the  Castlehill  of  Forres,  which 
Robert  Dunbar  of  Burgie  resigned  i6th  August,  1647.  Paying  for  the 
said  office  and  the  Castlehill  a  penny  blench.* 

1649,  November  i6th. — -The  king  granted  to  Sir  John  Makkenzie  of 
Tarbet  the  lands  and  barony  of  Pluscarden,  also  "  magnum  tenementum 
cum  hortis  in  burgo  de  Elgyn  ex  boreali  latere  vie  regie  ad  lie 
Channorie-kirk  de  Elgyne  ducentis,  terras  lie  Capperlandis  (vel  Lipper- 
landis)  in  territorio  dicti  burgi,  lie  Ald-Mylnes,  terras  et  domos  de 
Aldmylnes,  terras  de  Leavenshauch  vie.  Elgyn  et  Forres,"  &c.,  which 
belonged  to  Thomas  Mackenzie  of  Pluscarden,  and,  2ist  September, 
1649,  were  appreciate  for  48,035  merks. 


*  Capt.  E.  Dunbar  Dunbar  of  Sea  Park,  in  a  letter  to  the  Editor  of  the  Northern  Scot, 
of  elate  25th  July,  1894,  states  that  Thomas  Dunbar  of  Westfield  married  Agnes,  daughter 
of  James  Spens  of  Kirktoun,  Alves,  and  died  4th  November,  1652.  The  sum  of  the  inventory 
of  his  effects,  together  with  debts  due  to  him,  amounted  only  to  ,£3270  Sc.  His  grandson, 
Robert  Dunbar  of  Westfield,  who  married  a  daughter  of  Sir  Ludovick  Gordon  of  Gordonstoun, 
was  reinstated  in  a  large  portion  of  the  family  estates  by  charter  under  the  Great  Seal,  of 
date  6th  March,  1672,  including  the  customs  of  the  market  of  the  town  of  Elgin,  called  Sanct 
Geill's  day,  together  with  the  office  of  the  sheriffdom  of  Elgin  and  Forres,  which  lands,  &c., 
belonged  before  to  Alexander  Brodie  of  that  ilk  and  others,  by  virtue  of  several  apprisings, 
and  which  they  now  dispone  to  the  said  Robert  Dunbar. 


EXTRACTS  FROM  MINUTES  OF  TOWN  COUNCIL 

OF  ELGIN. 


1636. 

March  28th. — The  Counsell  to  meitt  upon  Wednisdaye  nixt  the 
penult  of  this  instant  immediatlie  eftir  the  prayeris  within  the  tolbuith. 

March  3ist. — Glinting — Tarres — Ckalmer.  Comperit  personally 
Alexander  Tarres,  skynner,  burges  of  Elgin,  and  becom  actit  as 
cautioun  souertie  and  lawborrowis  for  Patrik  Chalmer,  skynner,  burges 
there,  his  vyiff,  bairnes,  seruands,  guids  and  geir  salbe  harmeles  and 
skaythles  of  the  said  Patrik  Chalmer  and  all  that  he  mayc  stop  or  lat 
directlie  or  indirectlie  in  their  cuming  wtherwayes  nor  be  ordor  of  law 
and  justice,  wnder  the  payn  of  four  hundreth  merkis  money,  and  the 
said  Patrik  becom  actit  for  his  cautioncris  releiff  wnder  the  pain  of 
poynding  or  warding. 

Kay — Cuming.  George  Kay  becom  souertie  and  lawborrowis  for 
James  Cuming  that  Patrik  Chalmer,  skinner,  salbe  harmeles  of  him. 
Patrik  Chalmer,  skynner,  for  the  ryott  that  fell  out  betuix  him  and  James 
Cuming  on  the  29  of  Marche  instant  is  fynit  be  the  Counsell  in  the 
sowme  of  ten  punds  money  and  wardit  q11  the  samyn  be  payit.  James 
Cuming  is  fynit  for  the  said  ryott  the  sowme  of  tuentie  merkis. 

Cumyng — Chalmeris.  James  Chalmer,  skinner,  became  lawborrows 
for  John  Chalmer,  skinner,  that  James  Cuming  be  harmless  of  him  under 
a  penalty  of  400  merks.  John  Chalmer  became  cautioner  for  James 
Cuming's  indemnity. 

April  25th. — P.  Hay.  Comperit  personalie  Paull  Haye  of  Loche 
and  become  actit  that  he  sail  nocht  bye  na  quhyt  fisches  in  great  within 
anye  harberie  qrin  the  toun  of  Elgin  ar  infeft  in  nor  sail  mak  na  mer- 

(253) 


254  RECORDS  OF  ELGIN.  [1636. 

chandice  thairof  in  na  tym  cuming  wnder  the  payn  of  ane  hundreth 
merks  and  confiscatione  of  the  fisches  he  sail  happin  to  bye. 

May  27th. — A.  Cutback — Surges  Act.  Alexander  Culback,  secund 
lawfull  sone  to  wmqll  John  Culback,  burges  of  Elgin,  is  admittit  freeman 
and  burges  of  this  burgh,  and  is  becum  in  the  provestis  will  for  the 
samyn  quha  hes  acceptit  of  him  for  his  burges. 

September  23rd. — Electione  of  Magistrates.  Convenit  in  counsell 
in  the  south  yle  of  St.  Gelis  kirk  anent  the  chuising  and  electing  of  the 
magistrates  for  this  zeir  incuming  to  bear  office  within  the  said  burgh 
and  in  respect  of  ane  act  of  counsell  maid  be  them  of  the  dait  the 
27  September,  1635,  wherby  they  concludit  and  ordanit  that  ilk  zeir  in 
tym  cuming  sum  persones  of  the  counsell  at  leist  ane  or  tua  of  them 
suld  be  changit  and  utheris  personis  put  in  their  rowmes  the  said  Counsell 
removit  William  Lesley  and  Alexander  Gibsone  aff  of  the  Counsell  and 
hes  putt  in  lyit  to  be  chosin  these  persones,  viz. :  William  Falconer, 
James  Innes,  nor.  publict,  James  Douglas,  Robert  Martein  and  Alexander 
Russell,  zounger,  out  of  qlk  number  the  said  counsell  chuisit  James 
Douglas  and  James  Innes  forsaid  to  be  in  place  of  the  saidis  William 
Lesly  and  Alexander  Gibson  quha  hes  gewin  thair  aythes.  Lytes  of 
provestis :  Mr.  John  Hay  and  Mr.  Gavin  Douglas.  The  haill  auld  and 
new  counsell  chuisit  Mr.  John  Haye  be  provest  within  the  said  burghe 
for  this  zeir  in  tym  cuming.  Lytes  of  baillies  :  Alexander  Lesley,  Johne 
Myln,  Andro  Waus  and  William  Layng.  The  haill  counsell  electit 
Alexander  Lesley  and  Johne  Myln  to  be  in  rowme  of  John  Robertsone 
and  Andro  Annand  to  be  bailzeis  for  this  zeir  incuming.  Andrew 
Annand,  thesaurer.  Nicolas  Dunbar,  clerk,  and  in  his  absence  Jon. 
Patersone.  William  Layng,  James  Douglas  and  James  Innes  to  be 
prors.  fischallis  quhilkis  haill  persones  of  counsell  hes  gevin  thair  aythes. 
The  officiaris  to  be  zit  advysit  wpoun.  Lynsteris,  cunsteris  and  visitouris 
of  the  flesche  mercat  to  be  chosin. 

October  8th. — Douglas — Hendersone.  Mungo  Douglas  becom  souertie 
for  Johne  Hendersone  in  Knok  of  Straythylay  that  he  sail  keep  the  actis 
of  parliament  in  tym  cuming  anent  forstalling  and  regraitting  wnder  the 
payn  of  ane  hundreth  merks  money.  The  qlk  day  John  Hendersone 
fynit  in  xx  lib.  for  forstalling  be  his  awin  confession. 

October  I7th.  —  Creation  of  Officiaris — Lynsteris  and  Cunsteris — 
Visitors  of  the  Flesche  Mercat.  The  qlk  daye  Jo".  Forsythis,  elder  and 


1637-]  TOWN   COUNCIL  MINUTES.  255 

zounger,  Jon.  Douglas  and  Robert  Dunbar  creat  officiars  within  the 
burghe  of  Elgin  for  this  zeir  in  cuming  quha  hes  gevin  thair  aythes. 
Lynsteris  and  cunsteris  : — South  eist  quarter — Alexander  Gilzean  and 
William  Warden.  South  west  quarter — Jon.  Chalmer,  elder,  and  James 
Cuming.  North  wast  quarter — Robert  Martein  and  Alexander  Russell, 
zounger.  North  eist  quarter — William  Cobban  and  Patrik  Chalmer. 
Visitoris  of  the  flesche  mercat :  Andro  Stalker,  William  Coban,  Alex- 
ander Murray,  William  Falconer,  Robert  Dunbar. 

Wm.  Coban.  William  Coban  fynit  in  tuentie  four  pundis  for 
forstalling. 

November  I4th. — Stentaris  of  Taxations.  Eight  stentaris  appoyntit 
for  laying  of  the  tounes  taxatione. 

November  2ist. —  Ventonaris  of  Wine.  Ventonaris  of  wyne  betuix 
November,  1635,  and  November,  1636.  Issobell  Hardie,  spous  to 
William  Lesly,  declairit  that  sche  ventit  and  brocht  in  to  hir  cellar 
betuix  November,  1635,  and  November  last,  1636,  tua  tun  of  frensch 
wyn  and  ane  pype  of  spaynis  wyne — is  10  lib.  William  Layng  deponit 
wpone  tua  tun  and  ane  punschione  of  frensche  wyne  ventit  betuix 
November,  1635,  and  November,  1636.  Nicolas  Dunbar  declairit  that 
thair  came  four  tun  of  frensch  wyne  to  his  cellar  and  tua  pyipis  of  seek 
and  that  he  haid  sauld  thairof  to  Margrat  Dauidsone  in  Boghead  half 
tun  of  frensch  wyne  and  that  thair  is  ane  pyip  of  seek  vnventit.  Elspet 
Annand,  spous  to  Alexr.  Vrqd.,  deponit  vpoun  4  tun  of  frensch  wyn  and 
ane  pyip  of  seek. 

December  I2th. — P.  Chalmeris  Calsay.  Patrik  Chalmer,  skynner, 
burges  of  Elgin,  becom  actit  to  caus  calsaye  that  peice  of  the  calsaye 
under  his  avin  land  lyand  on  the  north  syd  of  the  said  burghe  qr.  he 
presentlie  duellis  and  that  sufficientlie  betuix  the  dait  heirof  and  the  last 
day  of  Junij  nixt  wnder  the  payn  of  xx  lib. 

1637. 

April  3rd. — Fischeris  of  Burghesea.  Andrew  Steill  in  Burghesea 
compeirand  and  being  accusit  for  transporting  his  fisches  to  Cathnes, 
Ros  or  Sutherland  and  selling  these  to  merchands  and  thair  factors  to  be 
maid  and  transportit  furth  of  the  cuntrey,  the  said  Andrew  denyit  the 
samyn  and  James  Douglas,  pr.  fischall,  tuik  to  prewe  the  samyn. 


256  RECORDS  OF   ELGIN.  [1637. 

A.  Gilzean.  Alexander  Gilzean,  sadler,  burges  of  Elgin,  dischairgit 
be  the  Counsell  fra  laying  onye  middingis  in  the  fuird  of  Tayok  betuix 
the  dycks  in  tym  cuming  wnder  the  payn  of  x  lib. 

/.  Steill,  Skipper.  The  haill  fisches  of  great  fisches  pertenying  to 
John  Steill  in  Burghe  sea  extending  to  xixx.  of  maid  fische  qlk  he  haid 
sauld  and  coppit  to  ane  wther  contrar  to  the  lawis  of  this  realme  ar 
confiscat  and  the  Counsell  hes  wnlawit  him  only  in  vi  lib.  thairfor  and 
hes  coft  the  rest  of  the  fisches  fra  him  and  gevin  him  payment  therfor  at 
12  lib.  the  hundreth. 

April  I /th. — M.  Winchister — Stronoch.  Anent  the  ryott  that  Marion 
Winchester,  spous  to  Thomas  Warrand,  merchand  burges  of  Elgin, 
committit  aganis  Jonet  Stronoch,  spous  to  James  Sym,  in  Petgewnie  be 
dinging  of  hir  in  the  said  Marioun  her  awin  hous  and  gewing  of  hir 
sindrie  cuiffis  in  the  schaftis  being  convenit  thairfor  and  having 
confessit  the  samyn  thairfoir  is  ordanit  be  the  Counsell  to  remayn  in 
waird  within  the  tolbuith  four  dayes  and  four  nychtis  fra  this  Mononday 
till  Frydaye  nixt  and  thaireftir  on  the  said  Frydaye,  the  21  of  this 
instant,  to  cum  to  the  sessionc  of  Elgine  and  thair  to  sitt  doun  on  hir 
kneis  befor  the  elderis  and  crawe  pardone  of  the  said  Jonat  Stronoch  and 
hir  said  spous  as  als  is  becum  actit  that  incaice  sche  fall  out  in  onye 
tyme  cuming  in  onye  disordour  with  onye  persones  in  that  caice  sche  to 
be  put  in  the  joggis.  Tandem  Jon.  Myln,  baillie,  tak  out  the  said 
Marion  Winchester  furth  of  waird  for  payment  to  Andro  Annand, 
thesaurer,  off  fywe  pundis  money  for  hir  releas. 

April  24th. — Jo".  lanes,  Glasinwrycht.  In  presens  of  the  provest  and 
four  baillies  comperit  Jon.  Innes,  glasinwrycht,  burges  of  Innernes,  and 
becom  willinglie  actit,  bund  and  oblist  that  he  suld  mak  na  pactione  or 
indentour  wl.  Alex1".  Forsyth,  glasinwrycht  in  Elgin,  nor  onye  wther  of 
his  avin  craft  and  calling  qrby  the  pryces  of  his  wark  maye  be  hychtit  or 
keipit  vp  or  the  lieges  of  the  cuntrey  in  onye  sort  prejudgit  and  incaice 
of  failly  to  content  and  paye  to  the  thesaurer  of  the  said  burghe  the 
sowm  of  fourtie  pundis  money. 

May  1st. — Act  anent  entrie  to  aucktan  partis.  It  is  ordanit  by  the 
counsell  that  ilk  counsellour  heireftir  that  salhappin  conqueis  or  acqueir 
ane  or  tua  auchtan  pairtis  of  land  with  the  pertinentis  in  that  caice  thai 
to  paye  to  the  thesaurer  ten  merks  for  ilk  auchtan  pairt  of  land  for  thair 
entrie  thairto.  Utheris  to  pay  ad  arbitrium  dicti  consilii. 


1637,]  TOWN   COUNCIL  MINUTES.  257 

June  I gth. — Act  anent  louse  nolt  pasturing  throch  the  feilds  of  Elgin. 
It  is  statut  and  ordanit  be  the  counsell  that  na  inhabitant  within  this 
burghe  nether  frie  nor  wnfrie  in  na  tyme  heirefter  sail  haue  pouer  to 
haue  mair  bestiall  pasturing  wpon  the  boundis  of  Elgin  eftir  the  beir 
land  beis  done  except  thrie  tedderit  beasts,  ayther  kye,  oxen  or  stirks, 
wnder  the  payn  of  ten  pundis. 

July  24th. — Sct.  Gelis  mercats.  It  is  concludit  that  the  first  of 
September  nixt  salbe  St.  Gelis  ewin  and  the  secund  day  of  the  said 
monethe  salbe  St.  Gelis  daye  nixt. 

July  26th. —  Traddtris.  Memorandum  to  charge  .  Collye  at  the  kirk 
of  Bellie,  George  Innes  at  the  Boitt  of  Fiddich  and  .  Tammisone  at  the 
boitt  of  Skeirdurstan  for  trafficting  with  salt. 

July  29th. — Adam — Jimkein — Dunbar.  Jon.  Adam,  Michaell  Junkein 
and  Alexander  Dunbar,  chapmen,  becom  actit  that  they  sail  nocht  vsurp 
the  libertie  of  ane  frie  burges  in  tym  cuming  or  cllis  they  sail  mak 
themselves  friemen  of  this  Royall  burghe  of  Elgin  wnder  the  payn  of 
ane  hundreth  pundis. 

August  7th. — C.  Cumyn.  Comperit  personally  Cristan  Cuming,  spous 
to  Andrew  Innes,  merchand  burges  of  Elgin,  w'.  his  consent  becom  actit 
that  sche  sail  nocht  in  na  tym  cuming  mett  anye  maill  or  malt  within 
her  hous  that  suld  be  presentit  to  the  .mercat  bot  with  the  tounes 
common  measeris  and  pay  the  custom  thairof  wnder  the  payn  of  x  lib. 
and  confiscatione  of  the  maill  or  malt. 

September  i8th. — Act  anent  horses  that  ar  suspectit  to  haue  the 
mortiechein.  It  is  ordanit  be  the  counsell  that  anye  persoun  within  this 
burghe  that  salhappin  to  haue  hors  or  meeris  that  beis  infectit  with  the 
mortiechein  in  that  caice  thai  sail  hold  them  within  thair  hous  and  not  to 
suffer  them  to  pas  throch  the  feilds  or  toun  to  meitt  wl.  wther  horses  in 
na  tym  heirefter  wnder  the  payn  of  x  lib.  toties  quoties.  James  Fairer, 
smyth  in  Elgin,  and  Jean  Mitchell  thair  quha  ar  suspectit  to  haue  horses 
infectit  w'.  that  disease  are  ordanit  in  manner  forsaid  wnder  the  payn 
forsaid. 

September  25th. — /.  Stronoches  censur.  John  Stronoch,  fleschiour  in 
Elgin,  in  his  avin  presence  is  ordanit  to  stand  in  the  joggis  fra  nyn  hours 
in  the  morning  this  daye  q11.  tuelff  hours  thairefter  bear  headit  and 
becaus  he  wes  fund  in  the  lyik  fault  befor  he  is  ordanit  to  be  bannischit 
this  toun  or  ells  to  pay  x  lib.  and  be  put  in  the  joggis  in  case  he 
fall  again.  I  i 


2$8  RECORDS  OF   ELGIN.  [1637. 

October  lyA.—Sanchoriehill.  James  Myln,  maltman,  burges  of 
Elgin,  Patrik  Chalmer,  skynner,  and  James  Cumyng  ilk  ane  ar  fynit  in 
1.  s.  for  casting  of  devattis  on  the  Sanchorie  hill  sen  Michaelmas  last  and 
ordanit  to  remayn  in  ward  qu.  it  be  payit. 

Cordomris  of  Elgin  finit  for  brek  of  statutis.  George  Key,  cordoner, 
fynit  in  ten  pundis  for  brecking  of  the  statutis  anent  selling  of  schone 
and  barkit  ledder.  Andrew  Key,  cordoner,  fynit  in  aucht  pundis  for  the 
caus  forsaid.  Johne  Pedder  fynit  in  ten  pundis  for  the  caus  forsaid. 
James  Key,  cordoner,  declairit  being  posit  upoun  his  ayth  that  he  had 
sauld  na  schoone  of  north  cuntrey  ledder  this  tuelfmoneth  bygan  nor  na 
cuntrey  barkit  ledder  during  the  said  space  bot  that  he  had  cuntrey 
ledder  to  sell  presentlie  within  his  pottis.  Patrik  Moresoun,  cordoner, 
fynit  in  xxvi  s.  viii  d.  for  brek  of  statutis  anent  the  selling  of  schoone. 
Alexander  Innes,  cordoner,  absoluit  be  his  ayth  anent  selling  of  schoone 
and  barkis  in  ledder  him  self.  James  Gordoun,  cordoner,  fynit  in  fyve 
merkis  for  brek  of  the  statutis  in  selling  of  schoone  and  as  ane  regraitter. 
John  Harvie  absoluit  be  his  ayth  anent  the  brek  of  statutis.  George 
Reidheid  absoluit  in  maner  forsaid.  James  Scott  fynit  in  xl  s.  for  brek 
of  statutis.  Patrik  Pedder  and  William  Wilsone  fynit  in  xxvi  s.  viii  d. 
for  brek  of  statutis.  James  Pedder  absoluit  be  his  ayth  as  said  is. 
Thomas  Murray  absoluit.  Johne  Forsyth,  cordoner,  fynit  in  xxvis.  viiid. 
for  brek  of  statutis.  Summa  xlvi  lib.  33.  46.  Alexander  Murray  absoluit. 
Wm.  Petrie,  Alexr.  Harvie  and  Andro  Donaldsone  absentis. 

William  Falconer,  burges  of  Elgin,  and  Margrat  Hamiltoun,  his 
spous,  ar  appoyntit  to  be  enterit  be  the  toun  to  ane  auchtan  part  of 
the  grieschip  lands  of  Elgin  and  auchtan  pairt  of  Barflethills  for 
payment  to  the  tounes  thesaurer  of  ten  merks  for  the  said  auchtan  part 
of  grieschip  lands  with  25  merks  for  the  quadroupill  of  the  dewaties 
of  the  auchtan  part  of  Barflethills  and  hauch  thairof. 

Toun  and  landward  fleschiouris  fynit.  The  qlk  daye  the  persones 
wnderwreitin  as  the  toun  of  Elgin  thair  fleschiours  ar  fynit  in  the 
particular  sowmes  of  money  eftir  mentionat  ilk  ane  of  them  respective 
for  thair  awin  pairtis  for  breking  of  the  statutis  in  selling  of  the  fleschis 
deirer  nor  the  statutis  of  the  said  burghe  to  witt  Johne  Stronoch  in  Elgin 
fynit  four  merks,  to  be  payit  against  Leonard  daye,  John  Thomsone  in 
Kaym  fynit  in  four  merks.  Comptit  with  landward  fleschiours  for 
talloun  since  1634:  John  Thomson  in  Kayme  fynit  543.,  Alexander 


1638.]  TOWN  COUNCIL  MINUTES.  259 

Cuik  in  Meft  fynit  2/s.,  Thomas  Gillimichaell  in  Whytwray,  Androw 
Brabner  in  Kintray,  Alex.  Sutherland  in  Wnthank,  William  Rob  in 
Kirktoun  of  Duffus  quha  wes  stentit  to  ane  stane  talloun  zeirlie,  John 
Stronach  stentit  to  thrie  stane  talloun  zeirlie,  Alexander  Watson,  John 
McGewan  and  Thomas  Mitchell. 

November  2Oth.  —  Andrew  Annand,  thesaurer,  acceptis  William 
Falconer,  burges,  for  ten  merkis  for  his  entrie  to  ane  auchtane  part 
of  land  sumtym  perteining  to  Doctor  Aparesiis. 

November  27th. — D.  Dunbar.  The  Counsel  ordanis  David  Dunbar 
in  Garmoche  to  be  summonit  be  ane  literall  summonds  to  mak  his 
residence  within  the  burghe  of  Elgin  within  fourtie  dayes  wnder  the 
payn  of  tinsell  of  his  fredome. 


1638. 

January  I5th. — Act  anent  the  admitting  of  burgessis  gratis.  It  is 
statut  and  ordanit  that  quhasoeuer  sail  be  ressauit  and  admittit  freman 
and  burges  of  this  burghe  in  tym  cuming  at  the  requeist  and  inter- 
cessione  of  onye  nobillman  or  gentillman  or  uther  quhatsumeuer  /  albeit 
the  counsell  of  this  burghe  ressaue  tham  gratis  zit  thai  salbe  oblissit  to 
satisfie  the  thesaurer  of  the  said  burghe  for  thair  fredome  in  sic  measur 
as  the  counsell  sail  determein  als  soone  as  thai  becum  resident  traddismen 
and  mak  benefeitt  of  thair  burgeschip  and  this  claus  to  be  insert  in  thair 
burges  actis. 

February  26th. — Jn.  Ross — Wm.  Haye.  John  Rose  of  Breadleyis, 
sone  to  vmq11.  William  Rose  of  Kilravocks,  and  William  Haye,  sumtym 
servitour  to  Mr.  Johne  Osthealls,  the  latter  at  the  desyre  of  ane  nobill 
lord,  James,  Erie  of  Murray,  ar  admittit  freemen  and  conburgessis  of  this 
burgh  gratis  but  to  satisfie  the  tounes  thesaurer  als  soone  as  they  becum 
resident  traddismen  and  mak  benefit  of  thair  burgeschip. 

March  I2th. — Actis  and  ordinances  anent  the  setting  of  hous  or  land 
to  singill  persones  nocht  having  laufull  traids,  etc,  [None  to  be  set 
without  consent  of  magistrates  under  penalty  of  £20  and  the  setter] 
to  be  comptabill  for  onye  wrong  and  prejudice  done  to  any  inhabitant 
by  such  persons  and  siclyik  that  all  lait  incummeris  and  sic  personis 
men  or  women  ather  tak  thamselfris  to  seruice  or  than  remove  willinglie 


260  RECORDS  OF   ELGIN.  [1638. 

furth  of  this  burghe  again  the  feist  and  terme  of  Witsondaye  wnder  the 
payn  of  warding  of  thair  persones  and  thaireftir  of  banischeing  of  them 
furth  of  this  burghe  certefeing  all  such  persones  that  giff  thai  sustein 
onye  preiudice  within  this  burghe  in  tym  cuming  thai  sail  nocht  be 
heard  to  complayne  or  seik  reparatione  thairof. 

May  22nd. — John  Jos,  seruitor  to  James  Jos  in  Siluerfuird,  convict 
for  the  bluid  drawing  of  Thomas  Nicoll,  myllar  in  Littlll  Innerlochtie,  on 
the  21  Maij  instant  and  thairfor  fynit  in  x  lib.  and  in  respect  of  his 
powertie  componit  to  xl.  s. 

July  2nd. — Actis  anent  the  Moss  of  Glasgrein.  It  is  statute  and 
ordanit  that  na  inhabitant  within  the  burghe  of  Elgin  sail  haue  powar  to 
cast  onye  peittis  within  the  moss  of  Glasgrein  in  onye  tyme  cuming 
without  ane  warrand  to  be  grantit  to  thame  in  presence  of  the  persones 
of  counsell  wnder  the  clerkis  handis  wnder  the  payne  of  xl.  s.  for  ilk 
spaid  that  salbe  fund  casting  peitts  in  the  said  moss  attour  the  said 
warrand  and  that  nane  brek  grund  within  the  said  moss  for  holling  and 
casting  of  fir  except  it  sail  be  in  the  bank  whair  thay  cast  thair  peittis 
and  ilk  persone  that  sail  cast  peitts  in  the  said  moss  sail  paye  xx  s. 
Lyikwayes  it  is  statute  that  ilk  counsellour  of  the  burgh  sail  haue  pouer 
to  cast  peitts  in  the  saidis  moss  at  thair  pleisur  in  tym  cuming  provyding 
that  ilk  an  of  thame  exceid  nocht  fyve  spaids  zeirlie  as  also  that  na 
inhabitant  within  this  burghe  (the  persones  of  counsell  being  exceptit) 
sail  haue  pouer  to  cast  peitts  within  the  said  moss  in  tym  cuming  q11. 
first  they  present  to  Rol.  Gibsone  of  Linkwods  the  warrand  thai  happin 
to  purches  fra  the  said  counsell  befor  thai  begin  to  cast  and  acquant  him 
thairwith.  Item  it  is  statute  that  quhatsumeuer  persone  salbe  fund  to 
cutt  the  gaittis  passing  throch  the  saidis  moss  in  anye  tym  heireftir  sail 
paye  v  lib.  money  toties  quoties  to  the  procurator  fischall  of  the  said 
burghe  to  the  behowe  of  the  thesaurer  thairof.  As  lyikwayes  it  is  statute 
and  ordanit  that  the  said  Robert  Gibsone  sail  nocht  in  na  tym  heireftir 
mell  nor  intromet  with  na  tounes  menis  peittis  within  the  said  burgh  bye 
the  counsell  of  Elgin  thair  allowance  wnder  the  payn  of  v  lib.  money  for 
ilk  cairtfull  of  peitts  he  sail  happin  to  mell  and  intromet  with. 

July  4th. —  Wnfriernen.  [Twelve  persons]  wnfriemen  citat  for  keiping 
of  oppin  buthis. 

July  i6th. — Act  anent  the  Moss  of  Mostowye.  Comperit  James 
Mitchell  in  Bischopmyln,  Peter  Cowye  thair,  James  Wod  in  Shereffmyln 


1638.]  TOWN   COUNCIL  MINUTES.  261 

and  Alexander  Gordoun  in  Salterhill,  and  becom  willinglie  actit  that 
thai  sail  nocht  cast  peittis  nor  hoill  fir  in  na  tym  heireftir  in  the  moss  of 
Mostowye  but  the  speciall  licence  and  attolerance  of  the  provest,  baillies 
and  counsell  of  the  burghe  of  Elgin  wnder  the  payn  of  ten  pundis. 

September  i/th. — Act  anent  that  anye  member  of  the  Shereffis  Court 
sail  nocht  bear  office  in  this  burrow  court.  Forsameikell  as  the  burghe  of 
Elgin  hes  guid  and  wndouttit  rycht  to  all  bluidvittis  committit  within  the 
said  burghe  and  upoun  thair  awin  landis  and  heretages  as  als  hes  thair 
awin  priviledge  and  rycht  thairto  as  wtheris  burrowis  and  barroneis  of 
the  cuntrey  hes  Thairfor  the  saidis  persones  of  counsell  hes  statut  and 
ordanit  that  no  member  of  the  Shereffis  court  sail  bear  anye  office  in 
tym  cuming  in  the  burrow  court  of  the  said  burghe  or  in  the  counsell. 

October  loth. — R.  Hardie,  Commissioner  to  the  General  Assemblie. 
Robert  Hardie,  baillie,  is  chosin  commissionar  for  this  burghe  of  Elgin 
to  pas  to  Glasgow  again  the  21  of  November  nixt  to  the  General! 
Assemblie,  and  to  keip  the  aucht  of  the  said  moneth  at  Edinr.  to  meitt 
with  the  rest  of  the  commissionaris  of  the  borrowes,  and  to  haue  for  his 
chairges  in  hand  at  the  begining  of  his  veyage  ane  hundreth  poundis 
moneye  and  incaice  he  stay  long  and  neidis  mair  to  haue  pouer  and 
warand  to  borrow  mair  to  be  repayit  to  him  be  thair  thesaurer.  As  also 
is  appoyntit  be  the  said  counsell  to  go  to  the  croce  of  the  said  burghe 
the  tym  his  Ma/  proclamatione  beis  proclamit  thairat  this  daye  anent 
the  laitt  covenant  and  thair  to  compeir  for  tham  and  all  wtheris  having 
entres  to  protest. 

October  22nd. — Cordoneris,  etc.,  fynit.  Androw  Key,  cordoner,  fynit 
in  4  lib.  for  raising  of  his  pottis  nocht  adverteising  ane  baillie  and  for 
transporting  of  his  ladder  and  for  brecking  of  the  statutis  in  selling  of 
deir  schoone.  George  Key  fynit  in  3  lib.  for  transporting  of  ledder  to 
Symmeruiffis  fair,  Keyth,  and  for  raising  of  his  bark  pottis  nocht 
adverteising  ane  baillie.  John  Pedder  fynit  in  3  lib.  for  breking  of  the 
statutis  in  selling  of  ledder  and  schoone.  John  Harvie,  cordoner,  William 
Wilsone,  John  Forsyth,  cordoner,  James  Pedder,  Alexander  Harvie, 
James  Scott  and  James  Gordoune  convict  in  xx  s.  for  selling  of  deir 
schoone.  James  Key  [and  four  others]  absent.  Landward  cordoneris 
absent : — Alexander  Sutherland  in  Birney  [and  four  others].  Tounes 
fleschiours  fynit  in  4  lib.  for  brek  of  the  statuts :  Jon.  Stronach  [and  two 
others.  Also  two  absent]. 


262  RECORDS  OP  ELGIN.  [1639- 

Tounes  talloim.  Johne  Stronoch,  fleschiour,  stentit  to  paye  four  stane 
talloun  betuix  Martimes  1638  and  Martimes  1639  [and  two  others.  Also 
one  absent]. 

November  igth. —  T.  Calder  fynit.  Thomas  Calder,  merchand  burges, 
accusit  for  tradding  with  wnfriemenis  guidis,  callit,  compeirit  and  grantit 
that  he  reseavit  fra  Alexr.  Andersone  in  Garmoch  tuelf  dollors  to  bye 
woll  to  him  at  the  last  mercat  in  Bewlie  and  that  he  suld  have  gevin  him 
ane  dollour  for  his  paynes  and  that  he  had  wairit  the  said  xij  dolloris  to 
him  wpoun  woll :  fynit  in  ten  merks  thairfor. 

November  26th. — Cumyng,  Russell,  fnnes,  anent  candill.  Comperit 
personalie  in  presens  of  the  persones  of  counsell,  George  Cuming, 
Alexander  Russell,  elder,  and  Andro  Innes,  burgessis  of  Elgin,  of  thair 
awin  consentis  and  als  all  and  sindrie  the  merchandis  and  inhabitantis  of 
the  said  burghe  that  sells  steppill  guids  ar  dischairgit  be  the  said  counsell 
that  thai  sail  nocht  sell  nor  bye  talloun  of  onye  beastis  that  ar  slayn  or 
cumis  in  to  this  burghe  to  be  sauld  in  na  tym  cuming  bot  to  thair  awin 
vse  allanerlie  and  that  thai  sail  nocht  mak  ma  candill  to  sell  to  onye 
persones  bot  sic  as  serues  thair  awin  vse  allanerlie  wnder  the  payn  of 
fourtie  pundis  ilk  persone. 

1639. 

January  2ist. —  T.  Calder — Powder.  Thomas  Calder,  merchand 
burges,  becom  actit  to  sell  na  powder  to  na  persones  bye  the  advyis 
of  the  counsell  of  Elgin  wnder  the  payn  of  fourtie  pundis. 

Tak  of  the  Pittie  custoumes  —  Tak  of  the  victuall  mercat.  The 
magistrals  and  counsell  set  in  tak  to  Robert  Dunbar  [and  three  others] 
the  customes  of  this  burgh,  except  the  victuall  mercat  for  thrie  zeirs  for 
220  merkis  payabill  at  Candilmes,  Beltan,  Lambes  and  Hallowmes.  The 
custom  of  the  victuall  mercat  set  to  Alexander  Murraye,  belman,  for 
tuentie  four  pundis  at  tua  termes  in  the  zeir,  Witsondaye  and  Mertimes. 

February  4th. —  Ventonaris  of  wyne.  Elspet  Annand,  spous  to  Alex1". 
WrqK,  declairit  that  sche  ventit  betuix  Hallowmes,  1637,  and  Hal- 
lowmes, 1638,  four  tun  of  wyne — is  xvi  lib.  Nicolas  Dunbar  3  tun  half 
tun  of  Frensch  vyn  with  tua  pyipis  of  seek  extending  to  ane  tun  of 
wyne.  Isobell  Harde,  spous  to  William  Lesley,  deponit  vpoun  tua  tun 
of  Frensch  wyn.  Agnes  Andersone,  spous  to  James  Innes,  not5,  public5., 


1639-]  TOWN   COUNCIL  MINUTES.  263 

receavit  fra  Mr.  William  Cowban  3  peice  of  frensch  vyn  and  fra  Robert 
Dunbar,  seruitor  to  Jon.  Dougall,  2  peice  of  frensch  vyn,  inde  v  peice. 
Besse  Innes,  spous  to  William  Layng,  burges,  deponit  vpoun  ane  tun 
and  ane  half  tun  of  frensch  vyn. 

February  i8th. — Jon.  Fraser,  dreillmr.  John  Fraser  in  Elgin  wnder 
tuik  to  be  dreill  mr.  within  the  burghe  of  Elgin  to  tryne  vp  the  persones 
in  dreilling  with  thair  wapones  for  the  space  of  ane  monethe,  thrie  daycs 
in  the  weik,  at  the  speciall  dayes  and  tymes  appoyntit  to  that  effect  and 
he  to  haue  for  his  paynes  xl  s.  weiklie. 

March  4th. — John  McGown.  It  is  appoyntit  be  the  persones  of 
counsell  that  John  McGown,  post,  sail  haue  fra  Rol.  Hardie,  mr.  of  the 
hospitall  of  Messindew,  xl.  s.  again  Witsondaye  nixt  and  wther  xl.  s. 
again  Mertimes  thaireftir  and  that  in  respect  of  his  necessitie  to  frie  him 
of  his  hous  maill  for  the  said  zeir. 

May  6th. — Mr.  Jo".  Douglas,  Commissionar  to  the  parliament.  Mr. 
John  Douglas  is  appoyntit  to  be  commissionar  for  the  burghe  of  Elgin 
to  the  parliament  to  be  haldin  the  15  of  May  instant. 

Muscattis,  etc.  It  is  appoyntit  that  theis  that  hes  receavit  muscattis, 
staffis,  bandaleiris  and  pickis  to  be  warnit  to  compeir  befoir  the  counsell 
of  Elgin  on  the  13  of  Maij  instant  and  to  bring  wl.  thame  that  daye 
payment  for  the  samyn  according  to  the  roll.* 

June  I7th. — Oliphant,  Lamb,  Cormak — Offer  of  victuall.  Alexander 
Oliphant  and  Alexander  Lamb  in  Cathnes  enterit  within  the  burghsea 
fourtie  bollis  beir  and  maid  offer  thairof  to  the  toun  and  thai  gaiff 
commission  to  them  to  sell  the  samyn  for  fyve  pundis  the  boll.  Comperit 
Jon.  Cormack  in  Weik  of  Cathnes  and  declairit  that  he  enterit  within  the 
Cowsea  tuentie  sevin  bollis  beir  and  sewin  bollis  meall  to  be  sauld  and 
maid  offer  thairof  to  the  toun  and  thai  gaiff  him  pouer  to  sell  the  samyn 
for  v  lib.  the  boll. 


*  Montrose  had  placed  the  Marquis  of  Huntly  and  his  eldest  son  under  arrest,  but  Lord 
Aboyne,  Huntly's  second  son,  opposed  the  Covenanters,  and  made  the  Covenanters  flee  at  the 
"  Trot  of  Turriff,"  I4th  May,  1639.  In  his  MS.  History  of  Rose  of  Kilravock,  Shaw  says  that 
on  the  I4th  of  May,  after  the  "Trot  of  Turriff,"  4000  met  at  Elgin  under  the  Earl  of  Seaforth, 
the  Master  of  Lovat,  the  Master  of  Reay,  George,  brother  to  the  Earl  of  Sutherland,  Sir  James 
Sinclair  of  Murkle,  the  Laird  of  Grant,  young  Kilravock,  the  Sheriff  of  Moray,  the  Laird  of 
Innes,  the  Tutor  of  Duffus,  and  others,  who  encamped  at  Speyside  to  keep  the  Gordons  from 
entering  Moray,  and  remained  in  their  encampment  until  the  pacification  of  Berwick  was 
intimated  to  them  about  22nd  of  June. — (From  "The  Chiefs  of  Grant.") 


264  RECORDS  OF   ELGIN.  [1639. 

June  24th. — James  Innes  maid  offer  of  victuall.  James  Innes  in 
Lathorne  in  Cathnes  hes  brocht  in  to  the  burgh  sea  to  be  sauld  fyiftie 
bollis  of  beir  malt  and  ait  meall  and  maid  offer  thairof  to  the  toun,  and 
the  counsell  ordanit  the  bell  to  go  throch  the  toun  that  anye  that  pleisit 
to  bye  the  samyn  for  sewin  merkis  the  boll  hand  money  or  utherwayis 
giff  this  pleisit  nocht  the  said  James  he  is  ordanit  to  remove  the  said 
victuall  fra  the  said  port. 

July  2nd. — Act  anent  Sir  Rot.  Gordoun  and  the  Laird  Duffus,  tennentis 
to  the  moss  of  Mostowie.  The  counsell  of  Elgin  gewis  licence  to  the 
tennentis  of  Drany  and  Newtoun  of  Drany  perteining  to  Sir  Robert 
Gordoun  and  to  the  tennentis  of  Correlwod  and  Liggat  perteining  to 
the  laird  of  Duffus  to  cast  and  win  peittis  within  the  moss  of  Mostowie 
for  this  present  zeir  of  God  1639  zeiris  allanerlie. 

July  1 5th. —  Wm.  hone  maid  offer  of  victuall  to  the  toun.  Comperit 
personalie  William  Isone  in  Weik  of  Cathnes  and  maid  offer  to  the 
counsell  of  tuentie  bollis  beir  and  aucht  bollis  aitmeall  that  he  had  brocht 
in  from  Cathnes  to  the  Cowsea  and  the  counsell  hes  sett  doun  sewin 
merk  for  ilk  boll  thairof  and  the  counsell  hes  ordanit  the  bell  to  go 
throch  the  toun  for  that  pryce  quha  pleisis  to  bye  for  hand  money  to 
repair  to  the  Cowsea  qr.  tha  wilbe  seruit  sa  lang  as  it  laistis. 

July  2 1 st. — Prodamatione  of  Sct.  Gelis  mercat  for  anno  i6jp.  Nota 
that  St.  Gelis  mercat  be  proclamit  heir  on  Sct.  James  daye  at  Elgin,  on 
Laurence  daye  in  Forres,  and  at  Innernes  on  the  first  fair  in  Innernes. 
To  be  on  Friday  and  Setterday  the  penult  and  last  dayis  of  August  nixt 
for  this  zeir  and  fryday  to  be  the  mercat  ewin. 

Brig  of  Mostowye.  It  is  ordanit  that  Mr.  Gawin  Douglas  of  Morres- 
toun  and  Alexander  Russell,  thesaurer,  sail  pas  to  vew  the  brokin  brig 
of  Mostowie  and  sie  quhat  chairges  will  do  the  turne  and  to  enter 
persones  to  the  wark  and  to  tak  vp  ane  roll  of  sic  persones  as  duells 
within  this  burghe  that  leadis  peittis  from  Mostowie. 

July  29th. — Henrie  Oswall  in  Weik  of  Cathnes  wnlawit  in  ten  merkis 
money  for  breking  of  bouk  of  his  victuall  qlk  he  brocht  in  Cowsea  from 
Cathnes  and  maid  nocht  offer  thairof  to  the  toun  and  the  samyn  chairgit 
to  remayn  in  waird  q11.  the  samyn  be  payit. 

Mr.J.  Douglas,  Commissionar  for  the  Parliament.  Mr.  Johne  Douglas, 
appeirand  of  Morrestoun,  is  chosin  commissionar  for  the  Assemblie  to  be 
haldin  at  Edinr.  the  .  day  of  August  nixt. 


Laads  ancf  Crofts 
of  EJyin 


Ward  of  EJyin 


furm    oflHeBJa 
or/ftriier  P   Linkiuood 


Lands  of  Langbride 


am)     Coxtotvn 


Lands  ofJVeikle  G/assgreen 


1640.]  TOWN   COUNCIL  MINUTES.  265 

August  2nd. — Doull  maid  offer  of  victuall.  Alexander  Doull  in  Weik 
of  Cathnes  enterit  and  gaiff  vp  fourtie  bollis  beir  aucht  bollis  meall  that 
the  said  Alexander  brocht  in  to  Cowsea  fra  Weik  and  maid  offer  thairof 
to  the  toun,  and  the  counsell  hes  set  doun  fyve  pund  for  ilk  boll  thairof 
hand  money. 

October  28th. — Cordoneris  forgewin — Tonnes  fleschiouris.  The  haill 
cordoneris  within  this  burghe  comperit  and  all  fund  giltie  to  have'brokin 
the  statutis  in  selling  of  deir  schoone  and  selling  of  deir  barkit  ledder  but 
are  forgewin.  John  Stronoch  [and  four  other  fleshers]  fynit  405.  for 
selling  of  deir  fleschis  [two  fleshers  also  fined  £4  each]. 

Tarres.  Alexander  Tarres,  skynner,  fynit  in  xxx  s.  for  selling  of  deir 
schoone  in  the  mercat  and  wairdit  till  the  samyn  be  payit. 

Murdoch —  Watsone.  Thomas  Murdoch,  sone  to  Patrik  Murdoch, 
and  George  Watson,  tailzour,  becom  actit  to  tak  thair  friedome  betuix 
this  and  Witsondaye  nixt  or  ellis  sail  serue  maisteris  or  wtherwayes 
remove  tham  selffis  furth  of  this  toun. 


1640. 

Robert  Gibson  of  Linkwoodis  Supplicatione.  Unto  your  Wisdomes, 
My  L.  provest,  Baillies  and  remnant  of  the  Counsall  of  the  Burghe  of 
Elgin,  I,  Robert  Gibsone  of  Linkwoods,  humblie  shewes  That  it  is  not 
vnknowne  to  all  the  great  preiudice  and  skaithe  I  have  susteined  this 
long  tyme  bygone  and  am  most  lyke  to  susteine  more  (if  remead  be  not 
tymlie  had  for  preventing  of  future  danger)  by  the  violence  first  of  the 
Water  of  Lossie  by  takeing  away  a  great  parte  of  my  lands  of  Hervies- 
hauche  and  now  of  late  by  the  Improvidence  of  Mr.  Johne  Gordone,  your 
late  minister,  in  casting  downe  the  face  of  the  bank  all  that  land  is  most 
like  to  perishe  by  the  violence  of  winds  blowing  sand  theiron  And 
because  I  intend  God  willing  to  doe  my  indeavour  to  preserue  so  much 
theirof  as  I  can  without  preiudice  to  any  seing  there  is  ane  high  way 
now  throughe  that  land  to  your  burghe  the  passage  whereof  is  most 
preiudiciall  to  me  without  benefite  to  you  which  may  be  changed  to  als 
commodious  a  place  for  all  passingers  (as  ye  all  will  perceive  after  due 
tryall)  without  any  losse  to  you  and  to  my  weill  I  trust  you  will 
condescend  thairto  as  ane  charitable  work  that  it  may  be  so  which  out 

K  I 


266  RECORDS  OF  ELGIN.  [1640. 

of  a  Christiane  duetie  I  wishe  you  may  take  to  heart.  Herefore  I 
beseeche  your  wisdomes  to  tak  this  mater  to  your  consideratione  tymelie 
seing  the  seasone  requires  a  speedie  remeadie  to  be  vsed  for  preventing 
of  further  losse  and  your  L.  answer. 

March  2nd. — The  counsell  resolues  to  sycht  the  bounds  on  Wedins- 
daye  nixt,  the  4  of  this  instant,  immediatlie  eftir  the  morning  prayeris 
and  thaireftir  to  giff  thair  ansuer. 

March  pth. — The  counsell  grants  the  petitione  upon'provisione  that 
incaice  this  new  gaitt  be  incommodious  in  anye  tym  heirefter  ather  be 
the  watter  of  Lossie  or  be  sand  or  wtherwayes  than  and  in  that  caice  it 
salbe  lesum  to  the  inhabitantis  of  this  burghe  and  all  his  Ma  /  lieges  to 
haue  recours  to  the  present  and  wountit  gaitt  or  to  ane  wther  gaitt  als 
commodious  throch  the  said  landis  of  Harvishauch  and  that  ane  act  be 
maid  heirunder  actit  in  the  counsell  buikis  of  Elgin  to  be  sub1,  be  the 
said  Robert  befor  anye  alteratione. 

April  2Oth. — /.  Innes  pinsell.  James  Innes,  skynner,  receavit  fra 
William  Innes,  skynner,  the  skynneris  old  pinsell  sumq1.  hollit  and  rent 
and  hes  be[com]  comptabill  for  the  samyn  to  the  craftis. 

May  1 8th. — John  Adam  anent  tnnwris. — John  Adam,  merchand,  in 
his  awin  presens  is  ordanit  be  the  counsell  to  stand  in  waird  q11.  he  paye 
to  Andro  Annand,  thesaurer,  thrie  dolloris  to  be  gevin  to  the  puir  and 
that  for  interchangeing  of  dolloris  with  ane  Aberdeins  merchand  in 
gcving  to  him  thrie  dolloris  in  siluer  and  receaving  back  fra  him  sex 
dolloris  in  turnoris  for  the  samyn  and  is  ordanit  nocht  to  do  the  lyik. 

June  29th. — Nota.  Androw  Annand  gaiffto  the  tuelffsouldiers  thair 
weiks  vaiges  and  he  tuik  allowance  of  sex  of  thame  for  3  lib.  for  sex  new 
suord  beltis.  [They  were  paid  42/-  each  per  week.] 

Names  of  theis  that  wndertakis  to  be  souldieris  for  the  burghe  of 
Elgin  as  followis  : — 

Muscattis. 

James  Chalmer,  zor.,  Coddie,  furnissit  be  himself  in  armour. 

Alexander  Alves  receavit  James  Keyis  muscatt  with  bandoleir  con- 
teining  10  measuris  and  ane  purs,  hes  a  suord  of  his  avin. 

Beltis.  Androw  Forbes  receavit  Jonet  Grantis  /  m  /  vl.  bandileir 
w1.  12  measeris  i  purs  and  staff,  hes  a  suord  of  his  awin,  recavit  ane 
new  belt. 


1640.]  TOWN   COUNCIL  MINUTES.  267 

Beltis,  Jo".  Robertsone  receavit  Alexr,  Tarres  /  m  /  wl.  full  bandileir 
staff  and  receavit  ane  new  belt  w'.  ane  suord  coft  fra  Jaspar  Haye. 

Walter  Gregour  receavit  James  Douglas  his  /  m  /  wl.  full  bandilier 
and  purs  \v*.  ane  suord  fra  Jon.  Chalmer  at  8  merkis. 

James  Adie  receavit  the  provest,  Mr.  Jon.  Haye,  his  /  m  /  with  full 
bandileir,  hes  ane  suord  of  his  awin. 

Belt.  Robert  Gregour  hes  receavit  ane  /  m  /  qlk.  pertenit  to  Jon. 
Myln  w'.  ane  bandileir  contening  xi  measers  ane  purs  and  receavit  ane 
suord  fra  Andro  Annand,  receavit  ane  new  belt. 

Belt.  Thomas  Dunbar  receavit  ane  /  m  /  qlk  pertenit  to  Thomas 
Murdoch  wl.  ane  suord  pertenying  to  John  Milne,  receavit  ane  new  belt 
w'.  ane  staff  and  full  bandileir  fra  the  said  Thomas  Murdoch. 

Pickmen. 

Belt.    Thomas  Imloch  i  pick  and  suord  of  his  awin,  receavit  ane  belt. 

Alexr.  Zoung  i  pick  and  suord  of  his  awin. 

Belt.  James  Murraye  i  pick  tayn  fra  Andro  Annand  ane  belt  and 
receavit  ane  suord  pertening  to  James  Findlay. 

Nota.  Jon.  Dow  past  with  Monro  insted  of  James  Findlay  and  he 
receavit  I  pick. 

June  1st. —  Waponeschawing  i$th  Junij.  The  counsell  appoyntis  the 
15  instant  to  be  ane  waponschawing  and  all  men  to  be  in  thair  best 
array  in  armour  and  that  on  Thursdaye,  the  4  instant,  the  samyn  to  be 
proclamit  be  touk  of  drum. 

June  22nd. — Key — Mylne.  The  Counsell  ordanis  Thomas  Myln, 
seruitor  to  George  Key,  burges,  to  serue  his  Mr.  forsaid  qll  Mertimes 
nixt  dewtifullie  and  for  ilk  tyme  that  he  salhappin  to  be  absent  fra  his 
seruice  and  dois  nocht  his  dewate  to  his  said  Mr.  and  for  ilk  tyme  he 
beis  fundin  drunckin  during  his  seruice  forsaid  to  paye  v  lib.  and  to  be 
punischit  conform  to  the  discretione  of  the  magistrattis  attour  the  said 
pfihaltie. 

July  1 3th. —  It  is  condiscendit  that  Mr.  Jon.  Haye,  provest,  or  Mr. 
Jon.  Douglas,  baillie,  sail  go  to  the  Generall  Assemblie  haldin  at 
Aberdeen  the  last  Tysdaye  in  July  instant. 

Mostowie.  It  is  condiscendit  that  civill  interruptione  salbe  maid  to 
ane  dyck  or  stank  that  is  casting  on  the  bounds  of  Mostowie  betuix  that 
and  my  lord  of  Murrayis  boundis  qlk  is  cassin  be  my  Lord  of  Murrayis 


268  RECORDS  OF  ELGIN.  [1640. 

tenentis  of  Whytfeild  and  thaireftir  the  samyn  to  be  cassin  doun  and 
demolischit. 

August  2Oth. — A.  Andersone  convict  in  10  lib.  Alexander  Andersone, 
maissoun,  grantit  his  oversycht  done  to  Robert  Hardie  and  James 
Douglas,  baillies.  He  is  ordanit  to  paye  to  the  thesaurer  x  lib.  of  fyne 
and  is  declairit  to  haue  tint  his  fredome  and  burgeschip  of  this  burghe 
and  to  remayn  in  waird  qll  the  said  x  lib.  be  payit. 

September  28th. — Cordoneris  fynit.  Andrew  Key  and  John  Pedder, 
cordoneris,  ar  fynit  in  8  lib.  and  James  Scott  in  5  lib.  for  contravening 
the  statutis  in  selling  of  schoone,  barkit  ledder  and  keiping  of  thair 
schoone  within  thair  buithis  and  nocht  bringing  of  thame  to  the 
Setterdayes  mercat. 

October  26th. — The  baillies  war  ordanit  to  delyuer  to  Andro  Annand, 
thesaurer,  sic  sowmes  of  money  as  thai  haue  receavit  of  the  tent  moneye 
to  be  gewin  to  the  peopill  that  hes  most  neid  that  receavit  my  Lord 
Sinclaris  soiours  in  quartering. 

November  9th. — It  is  condescendit  be  the  haill  persones  of  counsel 
that  thair  be  ane  act  drawn  vp  to  be  sub1,  be  thaim  that  in  respect  that 
the  consistorie  is  to  sitt  in  the  tolbuith  that  na  persone  ather  perseuar  or 
defender  that  compeiris  to  plead  sail  nocht  be  wairdit  nor  arreistit  that 
daye  bot  sufferit  to  go  frelie  out  of  the  said  burghe. 

November  3Oth. — It  is  appoyntit  that  Thursdayc  nixt  the  magistrattis 
to  go  throch  the  toun  and  weycht  the  siluer  work  within  the  toun. 

December  3rd.  —  It  is  appoyntit  that  the  counsell  sail  meitt  on 
Monondaye  nixt  for  reveising  of  the  rollis  of  the  rent  of  the  tent  pennies 
and  making  ansuer  to  the  Commissionaris  deputtis  in  wreit. 

Anent  gilderis.  It  is  appoyntit  be  the  counsell  that  the  greattest 
number  of  the  honest  men  and  judicious  of  this  burghe  salbe  warnit  to 
compeir  the  sevint  of  this  instant  to  giff  thair  advyis  anent  the  ordour  to 
be  takin  anent  the  toun  of  Elgines  pairt  of  the  sowme  of  ane  hundreth 
and  fyiftie  thowsand  gylderis. 

December  I4th. —  Tonnes  comptis.  It  is  appoyntit  that  the  tounes 
comptis  salbegin  on  the  25  of  December  instant  at  fyve  houris  in  the 
morning  and  the  rollis  of  the  commoun  guid  to  be  drawin  vp  and  the 
persones  having  entres  to  be  warnit  to  that  effect. 

Ro1.  Wmfray.  Robert  Wmfray,  smyth  in  Elgin,  becom  actit  to  hold 
vp  the  knok  of  Elgin  in  irone  wark  for  the  space  of  sewin  zeiris  vpoun 


1641.]  TOWN   COUNCIL  MINUTES.  269 

his  awin  expensis,  he  getting  doun  his  stallinger  maillis  zeirlie  during  the 
said  spaice  qlk  the  counsell  hes  aggreit  to. 


1641. 

January  4th. — Mercat  croce  head.  The  Counsell  hes  appoyntit  the 
head  of  the  mercat  croce  of  Elgin  to  be  taikin  doun  be  tham  selffis  or 
be  thair  directione  and  be  no  wther. 

A.  Low.  Androw  Low  in  Forgie  syid  within  the  parochin  of  Keyth 
is  wnlawit  in  the  sowme  of  four  pundis  for  traidding  with  barkit  ledder 
as  ane  frieman  and  for  vsurping  of  the  traid  of  ane  frieman. 

March  29th.—/.  Malice.  James  Malice  to  gett  his  friedome  and  to 
paye  20  lib.  in  hand  to  the  thesaurer,  the  rest  of  the  pryce  of  his  friedome 
gevin  doun  to  him  inrespect  he  haid  mareit  ane  burges  dochter,  and  that 
sche  wes  ane  of  tua  heretrices  of  her  father  land. 

May  i/th. — Malice.  Robert  Malice  wnlawit  in  tuentie  merkis  for 
sum  evill  speitches  gevin  be  him  to  Robert  Strawchin,  merchand  burges, 
being  convict  be  ane  inqueist,  and  incaice  the  said  Robert  Malice  be  fund 
to  speik  onye  injurious  speitches  aganis  the  said  Robert  Strawchn  heir- 
efter,  or  aganis  onye  wther  quha  hes  bein  upoun  his  inquest  and  assyse, 
he  to  pay  fourtie  pundis  and  to  lois  his  friedome. 

Viccarage  set  to  R.  Dunbar.  The  counsell  in  respect  of  the  death  of 
the  bestiall  this  zeir  hes  grantit  to  Robert  Dunbar,  officiar,  the  viccarage 
of  the  peroche  of  Elgin  for  this  zeir  1641  for  200  merks. 

June  7th. — Gillanderis.  William  Gillanderis  [and  two  others]  ordanit 
to  pay  135.  4d.  ilk  ane,  and  to  set  cautione  for  making  of  thair  repentance 
within  the  kirk  at  the  pillar  for  nycht  waiking  and  drinking  on  the  nycht 
and  for  going  to  the  Old  Mylnes  on  the  2  Junij  instant  wnder  silence  of 
nycht  and  brasching  at  Margrat  Duncanis  dur. 

Powder.  Nota.  To  tak  ordour  wl.  the  powder  in  Andro  Annands 
handis.  Item  to  tak  compt  anent  the  Jedward  stawes  in  his  hand. 

June  I4th. — Gilderis.  It  is  ordanit  that  the  band  concerning  the 
gilderis  be  drawih  vp  togidder  with  the  band  for  the  tounes  relciff. 

R.  Hardie.  Item  that  Robert  Hardie,  baillie,  go  to  Forres  on 
Wedinsdaye  the  16  of  this  instant  to  the  Committie  of  Forres  and  to 


2/0  RECORDS  OF  ELGIN.  [1641. 

present  the  band  to  tham  for  the  toun  of  Elgines  releiff  anent  the 
gilderis,  etc. 

Merches.  It  is  ordanit  that  the  merches  of  the  toun  of  Elgin  salbe 
riddin  on  the  12  of  Julij  nixt  and  the  toun  to  be  adverteist  to  that  effect. 

Powder.  Item  that  the  powder  be  putt  within  the  kirk  steipill  in  ane 
kist  and  closit  within  the  littill  wolt. 

Nota.     To  speik  Bessie  Inglis  anent  hir  wmq11.  husbands  halbert. 

June  2ist. — Suspensione — Garmoche.  It  is  appoyntit  that  the  doubill 
of  the  suspensione  raisit  at  the  instance  of  the  toun  of  Garmoche  aganis 
Elgin  be  extractit  fra  Jon.  Nicolsone,  and  send  north  be  Robert  Hardie, 
commissionar. 

Item  that  Robert  Hardie  quhen  he  gois  to  Edinr.  provyd  ane  drum 
for  the  toun  of  Elgin. 

July  5th. — Anent  the  entrie  of  ane  outlandische  air  to  ane  burges. 
The  Counsell  taking  to  thair  considderatione  the  great  burdingis  and 
weychtie  effeiris  everie  daye  occuring  wherthrow  the  commoun  guid  is 
exhaustit,  and  also  that  the  ordinar  compositione  of  burgessis  now  far 
aboue  that  qlk  thai  war  in  vse  to  paye  of  old  hawe  thairfor  statut  and 
ordanit  that  the  composition  and  entrie  of  ewerie  outlandis  air  to  onye 
burges  thair  wherby  he  may  reap  the  benefit  of  onye  commoun  landis 
of  Elgin  salbe  ane  hundreth  merks  money  and  mair  according  to  the 
worth  of  the  benefeit  that  he  sail  receawe  thairby,  and  ordanis  this  claus 
to  be  insert  within  all  the  few  chartouris  of  the  few  landis  of  the  said 
burghe  so  that  for  the  fourtie  pundis  insert  within  the  said  chartouris  of 
old  the  hundreth  merks  to  be  insert  thairin  in  all  tym  cuming. 

July  5th. — G.  Imloclie.  George  Imloche,  wrycht,  becom  actit  that  he 
sail  nocht  cast  peittis  nor  turves  within  the  marches  of  catt  tayllis. 

July  i Qth. — Band  anent  the  gilderis.  The  Counsell  hes  condescendit 
that  quhat  persone  of  the  burgessis  of  this  burghe  that  are  contenit  in 
the  Band  grantit  to  James  Murraye  for  the  gilderis  that  refuises  to 
subscryve  the  said  band  and  go  on  with  the  counsell  theranent  in  that 
caice  he  that  refuises  to  subscryve  the  samyn  to  be  instantlie  wardit  q11. 
he  paye  his  pairt  of  the  said  band  at  leist  q11.  he  subscryve  and  go  on 
with  the  rest. 

Sc/teararis  in  harvest.  It  is  appoyntit  that  the  orficeris  sail  go  throch 
the  toun  and  tak  wp  ane  not  of  the  seruand  men  and  wemen  that  schearis 
in  harvest  and  present  it  to  the  baillies  on  Wedinsday  nixt  the  21  instant 
immediatlie  eftar  the  morning  prayeris. 


1641.]  TOWN   COUNCIL  MINUTES. 

September  2/th.  —  G.  Smyth.  George  Smyth,  burges  of  Elgin, 
wnlawit  in  4  lib.  for  couping  of  talloun  and  selling  of  the  samyn  furth 
of  the  toun  and  is  becum  actit  that  he  sail  not  sell  talloun  in  tyme 
cuming  furth  of  the  toun  wnder  the  payne  of  x  lib. 

October  4th. — The  cordoneris  and  fleschouris  ordanit  to  be  warnit  to 
the  court  aganis  Thursdaye  nixt  for  brek  of  statutis  the  7  instant  and  to 
be  fynit  on  Frydaye  thaireftir  eftir  the  sessione.  Item  the  statutis  to  be 
reveisit  on  Frydaye  nixt  the  8  instant  and  to  be  proclamit  on  Setterdayc 
thaireftir.  Item  the  magistrattis  of  the  toun  to  revise  the  stoupis  and 
stabilleris  measures  on  the  1 1  October  instant. 

October  9th. —  Tonne  wreittis.  Nota.  The  sex  peice  of  the  tounes 
wreitts  qlk  Andro  Baxter  brocht  from  the  south  (anent  thair  excmptione 
and  to  be  frie  fra  compeirance  wpon  assyise)  delyverit  back  to  Nicolas 
Dunbar  to  be  put  in  the  cadgett. 

October  i8th. — Act  anent  the  taking  furth  of  waird  of  persones 
convict.  It  is  appoyntit  that  quhatsumeuir  persone  that  salbe  convenit 
befor  the  provost  and  baillies  of  this  burgh  for  bluid  blae  or  anye  wther 
ryott  committit  be  tham  and  in  caice  they  be  convict  thairfor  and  fynit 
in  that  caice  they  nocht  to  be  releasit  furth  of  waird  furth  of  the  tolbuith 
q11.  the  fyne  be  payit  and  quhatsumeuir  persone  of  the  counsell  that 
takkis  tham  furth  of  waird  salbe  comptabill  to  the  thesaurer  for  the  said 
fyne  thai  salbe  wnlawit  in. 

November  1st. —  Tonnes  cordoneris  fynit.  Cordoneris  [16]  fynit  for 
selling  of  deir  schoone  [203.  to  403.  ilk  ane]. 

November  8th. — Fleschouris.  Thomas  Gillimichaell,  fleschour  [and 
8  others]  fynit  in  2  to  4  merks  ilk  ane. 

December  6th.  —  G.  Gordoun  —  Wm.  Weir.  George  Gordoun  in 
Strathbogie  fynit  in  tuentie  pundis  for  trafficting  and  vsurping  the 
libertie  of  ane  frieman  as  ane  non-resident  burges  incaice  he  mak  not 
himself  burges  again  Witsondaye.  William  Weir  in  Carnefeild  in  Enzie 
becom  actit  to  mak  himself  burges  of  sum  frie  burghe  and  mak  his 
residence  thair  and  to  report  his  burges  bill  heir  betuix  this  and  Fastinges 
evin  ellis  sail  leawe  traiding  or  ellis  sail  mak  him  self  freman  of  this 
burgh  again  the  said  terme  wnder  the  payn  of  fourtie  pundis. 

December  I3th. — Junckein,  fieschour — /.  Myln,  burges.  David 
Junckein  in  Finfane,  fleschour,  ordanit  to  be  warnit  to  this  daye  aucht 
dayes  for  selling  of  his  hyids  and  skynnis  befor  hand  and  nocht  bringing 


272  RECORDS  OF   ELGIN.  [1642. 

tham  to  the  mercat.  James  Myln,  merchand  in  Elgin,  becom  actit  to 
paye  to  the  tounes  thesaurer  for  his  friedome  fyiftie  merkis  money  at  the 
termes  following  to  witt  ten  merks  in  hand  at  his  admissione  &c. 


1642. 

January  3rd. — The  ventenaris  of  wyne  to  be  warnit  to  Thursdaye 
nixt  eftir  the  prayeris  in  the  morning,  viz.,  Elspet  Annand,  Issobell 
Hardie,  Agnes  Anderson,  Bessie  Innes  and  Girsell  Mawer. 

R.  Dnnbar.  Robert  Dunbar,  merchand  burges  of  Eigin  (for  the 
offence  done  be  him  judicialie  to  James  Douglas,  and  William  Falconer, 
baillie,  being  sittand  in  judgement  be  his  wordis  quhilk  wes  qualefeit)  is 
ordanit  to  tyne  his  friedome  and  his  buith  dur  to  be  arreistit  for  his  fault. 

January  i/th. —  Wm.  Warden.  William  Warden  in  Elgin  is  fund  to 
haue  tint  his  friedome  and  is  ordanit  to  sitt  tua  houris  in  the  stokis  on 
ane  Setterdaye  befor  tuelf  houris  and  that  for  the  wrong  done  be  him  to 
Robert  Dunbar,  officiar,  in  executing  of  his  office. 

January  3ist. — R.  Dunbar  restoirit  to  his  friedome.  The  Counsell 
hes  restoirit  Robert  Dunbar,  merchand,  to  his  friedome  and  burgeschip 
in  integrum  etc.  with  all  the  frie  liberties  of  his  burgeschip  als  frielie  in 
all  respectis  as  he  wes  and  had  the  samyn  befor  the  samyn  wes  tayn  fra 
him. 

Robertsone.  William  Robertsone,  litster,  is  ordanit  to  stand  in  waird 
fourtie  aucht  houris  or  ellis  to  paye  fyve  pundis  and  als  to  cum  on 
Wedinsdaye  nixt  in  presens  of  the  Court  and  acknowledge  his  offence 
and  ouersight  in  nocht  cuming  to  the  baillie  when  he  send  the  officer  for 
him  as  als  is  actit  that  he  sail  nocht  recept  William  Torrie,  soiour,  within 
his  hous  in  tyme  cuming  wnder  the  payn  of  xx  lib.  as  als  it  is  appoyntit 
that  quhatsumeuir  magistratt  salbe  aduerteist  quhair  the  said  William 
Torrie  salbe  fund  within  the  burrow  ruidis  of  Elgin  in  that  caice  the  said 
magistrat  to  pas  and  apprehend  him  and  delyver  him  to  Capitan  Gordoun. 

February  2ist — Innernes  men — Wecht  hous.  The  counsell  are  con- 
tentit  that  the  Innernes  men  at  this  present  mercat  of  Fastinges  evin 
sail  have  the  vse  of  ane  of  the  laich  woltis  wnder  the  tolbuithe  for 
weying  of  thair  woll  and  to  haue  the  vse  of  the  weychtis  for  paying  for. 


1642.]  TOWN   COUNCIL  MINUTES.  273 

March  28th. — Lyning  of  Croftis.  Thursdaye  the  last  of  March 
instant  is  appoyntit  for  lyning  of  the  croftis  of  Elgin  bewest  the  moss 
wynd  and  the  lynsteris  of  the  toun  with  the  provest  and  thrie  bailllies  to 
be  present  that  daye  with  the  clerk  be  nyn  houris. 

April  nth. —  Tak  of  the  GUIS  cruik  sett  to  Wm.  Torrie,  yr.  Guis 
cruik  sett  to  William  Torrie  yr.  for  fyve  zeirs  with  the  buttis  aboue  the 
brig  thairof  pertenying  thairto  for  zeirlie  payment  of  aucht  merks  sex  s. 
viii  d. 

Officiaris  and  thair  garmentis.  The  Counsel!  hes  appoyntit  the  four 
officeris  to  be  furnissit  be  Andro  Annand,  thesaurer,  of  ane  syid  taillit 
cott  to  ilk  an  of  tham  with  ane  pair  of  breikis  and  ane  pair  of  schankis 
of  blew  grayis  at  243.  the  elne  at  the  maist  and  thai  ar  becom  actit  to 
wair  thair  halbertis  wpoun  the  calsaye. 

May  23rd. — Lesley.  The  Counsell  hes  condiscendit  to  giff  to  Patrik 
Lesley,  sone  to  Stewin  Lesley  in  Elgin,  x  lib.  and  that  with  this  conditione 
that  he  be  satlit  and  contractit  with  ane  Mr.  and  he  to  be  his  prenteis 
and  to  serue  the  said  Mr.  ane  half  zeir  befor  the  first  termes  payment 
that  it  may  be  wnderstuid  quhow  the  Mr.  and  prenteis  accordis. 

May  3Oth.  —  Sr.  Robert  Gordoun  his  attollerance  in  the  mos  of 
Mostowie  for  ane  zeir.  The  Counsell  gewis  licence  to  Sir  Robert 
Gordoun  and  his  tennents  benorth  the  loch  to  cast  fewall  within  the 
bounds  of  Mostowie  for  ane  zeir  allenarly. 

June  6th. — Mitchell  and  Watson  convict  in  xl  s.  Thomas  Mitchell 
and  Alexander  Watsone,  fleschouris  in  Elgin,  in  thair  avin  presence  ar 
convict  in  xl  s.  pro  rata  for  oversycht  done  to  Mr.  Jo".  Haye,  provest,  in 
selling  of  ane  forder  leg  of  beiff  to  ane  wther  eftir  he  haid  coft  the 
samyn  as  als  ar  ordanit  to  set  cautione  that  thai  sail  enter  thair  persones 
in  waird  on  Thursdaye  nixt  the  9  of  this  instant  at  sevin  houris  in  the 
morning  and  waird  till  Frydaye  thairefter  till  ten  houris  befor  noone. 

June  1 3th. — Stent  to  be  laid  on  the  toun  of  Elgin.  The  haill  counsell 
resolues  that  thair  salbe  ane  stent  for  400  merks  laid  on  the  burgesses 
and  inhabitantis  of  this  burghe  for  defraying  of  thair  commissaris 
chairges  in  going  to  the  parliament,  assemblie  and  conventione  of 
borrowis  and  wtheris  thair  debtis  tayn  on  be  tham  in  the  publict. 

Patrick  Chalmer — Act  anent  reset  of  strangeris.  Patrik  Chalmer 
convict  in  xx  libs,  for  contravening  the  act  maid  in  Marche,  1638,  in 
setting  of  housses  to  strangeris. 

L  I 


274  RECORDS  OF  ELGIN.  [1642. 

July  i^.—Merchandis  anent  thair  weychtis.  The  Counsell  ordains 
that  the  haill  merchandis  and  traddismen  with  stapil  wairs  ar  ordanit  to 
be  warnit  to  compeir  befor  tham  on  Frydaye  nixt,  the  22  of  July, 
immediatlie  eftir  the  sessione  to  the  effect  that  intimatione  maye  be  maid 
that  thai  sell  thair  waires  with  trone  wecht. 

A.  Stalker.  The  Counsell  ordanit  Andro  Annand  to  giff  out  of  the 
puir  folkis  money  tua  croce  dollouris  being  v  lib.  6s.  8d.  to  Andro 
Stalker,  goldsmyth,  to  help  him  in  his  necessitie  being  depauperat. 

July  I9th. — Act  anent  Jo".  McGown,  zor.  John  McGown,  yr.,  of  his 
awin  fric  motiwe  will  becom  actit  to  remove  him  self  furth  of  this 
paroche  and  nawayes  to  returne  again  thairto  in  onye  tym  cuming 
without  licence  and  permissione  of  the  magistrattis  of  this  burghe  for  the 
tyme  wpoun  sycht  of  ane  sufficient  testimoniall  of  his  reformatione  and 
amendment  of  lyiff  and  iff  he  happin  to  do  wtherwayes  he  wes  content 
to  tak  vpoun  him  all  the  crymes  and  faultis  for  the  quhilkis  he  hes  bein 
censurit  and  punischit  be  tham  in  onye  tyme  bygan  be  wairding  of  his 
persone  and  putting  of  him  in  irnes,  stockis  and  joggis  sic  as  continewall 
breking  of  the  Sabboth  in  ryotting,  drinking,  cursing,  swearing  and 
swaggering  and  in  preissing  to  force  women,  in  frequent  bluid  drawingis 
and  monye  wther  outraiges  and  crymes  lyik  as  he  in  this  caice  wes 
contentit  to  be  hangit  but  dome  or  law. 

Ita  est  Nicolaus  Dunbar  notarius  publicus  de  mandato  dicti  Joannis 
McGown  scribere  nescientis  ut  asseruit,  etc.* 

October  3ist.  —  Murdoch  —  Chalmer.  Thomas  Murdoche,  skynner, 
confessit  that  Patrik  Chalmer  and  he  wer  conpertineris  of  tua  packis 
of  woll  and  that  with  the  said  Patrik  his  consent  thai  haid  sauld  the 
said  tua  packis  to  Andro  Innes,  sone  to  Jon.  Innes  in  Garmoch,  and  that 
thair  wes  threttie  stan  in  ilk  pack  at  tuentie  pund  weycht  for  ilk  stane. 

Frydaye  nixt,  the  fourt  of  Nov.,  is  appoyntit  for  trying  of  the  stoupis 
and  cogis. 

*  A  Commission,  appointed  by  Charles  I.  in  the  Scottish  Parliament,  i6th  November,  1641, 
and  including  James  Grant  of  Frenchie,  James,  Earl  of  Murray,  and  Sir  Robert  Innes  of  that 
ilk,  sat  at  Elgin  from  loth  to  I2th  August,  1642.  These,  with  the  Marquis  of  Huntly  and 
others,  were  present.  The  chief  object  of  the  Commission  was  to  deal  with  the  Clan  Gregor, 
John  Du  Gar  (one  of  the  Macgregor  leaders),  and  other  "  Hieland  lymmaris"  and  their 
receivers.  The  receivers  alone  could  be  got  hold  of,  and  they  were  severely  fined  and  punished, 
although  they  pleaded  that  they  durst  not  refuse  the  robbers  meat  and  drink  for  fear  of  their 
lives  and  property.— (See  Spalding's  "  Trubles,"  II.,  176).  (From  the  "  Chiefs  of  Grant.") 


1642.]  TOWN   COUNCIL  MINUTES.  27$ 

November  3rd. — A.  Culback  fynit  in  2os. —  G.  Smyth — Burnet — 
J.  Coban. — Alexander  Culback  warnit  to  this  daye  to  have  bein  tryit 
anent  talloun  callit,  nocht  compeirand,  the  counsell  fynes  him  in  xxs. 
for  his  nocht  compeirance  and  ordanit  to  be  poyndit  or  wairdit  thairfor. 
George  Smyth  comperit  and  being  preiwit  for  nocht  making  of  plack 
candill  for  the  vse  of  the  kingis  lieges  he  hes  oblist  him  self  to  mak 
sufficient  plak  candill  and  wther  candillis  conform  to  the  statutis. 
Margrat  Burnet  becom  actit  in  maner  conform  to  George  Smyth. 
Jo".  Coban  becom  actit  for  Jonet  Key,  his  spous. 

November  7th.— -Fir5,  and peckis  —Draff.  Tuysdaye  eftir  tuelf  houris 
nixt  the  8  of  November  instant  is  appointit  to  trye  the  north  syd  of  the 
toun  for  the  stoupis,  etc.  Weddinsdaye  nixt  is  appoyntit  for  trying  of 
the  draff  that  gois  furth  of  the  toun.  Item  that  ane  sufficient  peck  of 
tymmer  be  maid  for  the  draff. 

November  I4th. — Chalmer  and  Mnrdoclie  fynll  in  20  merkis.  Patrik 
Chalmer  and  Thomas  Murdoch,  skynneris,  ilk  ane  of  tham  fynit  in  ten 
merkis  money  and  that  for  selling  of  tua  packis  of  woll  in  great  to 
Andro  Innes  in  Garmoche  and  ordanit  to  remayne  in  waird  q11.  the 
samyn  be  payit. 

Alex1'.  Russell  to  be  admittit  burges.  Alexander  Russell,  sone  naturall 
to  William  Russell  in  Pettindreich,  with  the  haill  consent  of  the  personcs 
of  counsell,  is  ordanit  to  be  admittit  ane  frieman  and  conburges  of  this 
burghe  and  to  receawe  his  fredome  on  Wedinsdaye  nixt  the  16  of  this 
instant  and  to  giff  his  ayth  that  daye  and  for  onye  satisfactione  he  suld 
mak  thairanent  the  provest,  Mr.  John  Hay,  hes  tayne  him  in  his  awin 
hand  as  his  burges  betuix  Michaelmes  last  and  Michaelmes  nixt. 

W.  Russell  to  be  admittit  burges.  The  said  William  Russell  in 
Pettindreich  is  ordanit  be  the  counsell  to  receawe  his  friedome  and  to  be 
ane  burges  of  the  said  burghe  with  this  conditione  that  incaice  he  wse 
onye  merchand  traid  except  in  bying  of  victuall  in  that  caice  he  mak 
his  residence  with  the  said  burghe  or  ellis  to  tyne  his  friedome  and  to 
that  effect  to  compeir  on  Wedinsdaye  nixt  to  giff  his  burges  ayth  as 
wse  is. 

November  22nd.  —  Innes  and  Wilson.  Robert  Innes  and  James 
Wilsone,  skynners,  to  receawe  thair  friedome  and  burgeschip  on  payment 
of  fyiftie  merkis  ilk  ane  of  tham. 


276  RECORDS  OF   ELGIN.  [1643. 


1643. 

January  Qth. — A.  Russell  and  A.  Troup,friemen.  Alexander  Russell, 
chaipman,  and  Alexander  Troup,  naturall  sone  to  Wm.  Troup,  portioncr 
of  Cruikmuir,  admittit  friemen  on  payment  of  50  merks. 

February  6th. — Compt  betuix  the  Counsell  and  Mr.  John  Douglas 
thair  commissioner.  Anent  the  compt  gewin  in  be  Mr.  John  Douglas 
anent  the  expensis  and  dayis  allowance  in  going  South  and  thair 
remayning  and  cuming  home  beginnand  on  the  20  day  of  November, 
anno  1641,  to  the  28  day  of  March  1642  zeiris,  being  aucht  scoir  dayis  at 
403.  ilk  daye  is  320  pundis,  and  for  his  debursmentis  debursit  be  him 
anent  the  passing  of  the  toun  of  Elgines  patronage  of  the  kirk  of  Elgin, 
and  thair  is  fund  restand  to  him  and  all  the  moneyes  he  receawit  befor 
allowit  the  sowme  of  123  pundis  6s.  8d.  qlk  the  Counsell  ordanit  the 
thesaurer  to  paye  him. 

April  3rd. — Clialmer.  John  Chalmer  alias  bull  is  fynit  in  4  lib.  for 
earing  out  upoun  the  south  syd  of  the  Gallowhill  gaitt  and  to  bring  to 
that  boundis  four  stanes  of  3  fitt  of  lenth  ilk  ane  upoun  his  avin  expensis 
and  arreistit  in  waird  quhill  the  samyn  be  done. 

April  24th. — Act  anent  the  intaiking  of  lands.  It  is  statut  and  ordanit 
that  na  proprietar,  possessour  nor  labourar  of  the  grieschip  landis  of 
Elgin,  croftis  or  wther  commoun  landis  of  the  said  burghe  presum  nor 
tak  vpoun  hand  to  tak  in  anye  of  thair  nychtbouris  landis  nor  incrotche 
vpoun  their  possessione  wnder  the  payn  of  ten  pundis  by  and  attour  the 
reparatione  of  the  wrong  and  assythment  to  the  partie  at  the  counsellis 
pleasur  als  oft  and  quhow  oft  as  thai  salbe  fund  to  contravein. 

May  1 5th. — Ryn  of  Lassie.  The  couusell  appoyntis  theis  that  castis 
the  ryn  of  Lossie  [at  the  Palmer  fuird]  to  haue  for  ilk  ruid  thairof  that 
thai  cast  263.  8d. 

June  6th. —  Waponeschawing.  The  third  day  of  Julij  nixt  being 
Monondaye  is  appoynted  for  ane  waponeschawing  for  the  burghe  of 
Elgin. 

June  iQth. —  Tymmer  brig  of  Lossie.  Thomas  Grant,  wrycht,  Jo". 
Nawchtie,  myllar,  and  James  Wood  in  Shereffmyln,  ar  ordanit  to  be 
spoken  anent  the  building  of  the  tymmer  brig  to  be  put  on  Lossie  at  the 
Palmer  fuird. 


H,!***00* 


$ 


<f 


I643-]  TOWN   COUNCIL  MINUTES.  277 

Dunbar.  Robert  Dunbar,  merchand  burges  of  Elgin,  fynit  in  4  lib. 
33.  4d.  for  geving  of  victuall  for  draff  to  Helen  Cuming,  and  the  samyn 
to  be  payit  to  Andro  Annand,  thesaurer,  or  ellis  the  said  Andro  to  get 
allowance  at  his  hands  for  sic  as  the  toun  wes  auchtan  him  anent  the 
laird  of  Grantis  cannonis. 

July  3rd. — Act  anent  the  baxteris  of  Elgin.  Thomas  Murdoche, 
skynner,  becom  actit  as  cautioner  for  Patrik  Murdoche,  baxter,  his 
father,  as  also  Andrew  Key,  cordoner,  becom  actit  for  James  Key, 
baxter,  John  Hariewood,  Agnes  Grant  and  .  McGown,  baxter,  that  thai 
and  ilk  ane  of  tham  sail  baik  sufficient  quhyt  bread,  aitt  bread  and  sour 
bread  within  thair  baik  housis  in  tym  cuming  wnder  the  payne  of  v  lib. 

July  loth. — Mostowie.  The  Counsell  ordane  ane  of  the  Counsell 
with  tua  of  the  officiaris  with  William  Thome,  notar,  to  pas  to  that  part 
of  the  boundis  of  Mostowie  narrest  adiacent  to  Aulddrochtie  quhair 
thair  is  certan  peittis  and  turvis  cassin  be  James  Stewartis  cottaris  and 
thair  to  mak  civill  interruptione  thairto  as  also  to  caus  ane  shereffis 
officiar  arreist  the  saidis  peittis  and  turvis  at  the  counsellis  instance. 

July  I3th.  —  D.  Watt  fynit  in  8  lib.  David  Watt  in  Innernes  is 
fynit  in  aucht  pundis  money  and  that  for  selling  and  copping  of  woll 
within  this  burghe  aff  of  ane  publict  mercat  daye. 

July  24th. — G.  Abernethie  maid  offer  of  victuall.  George  Abernethie 
in  Weik  of  Cathnes  maid  ane  offer  to  the  toun  of  xx  bollis  meall  and 
xx  bollis  beir  for  xi  merkis  the  boll  of  hand  money. 

July  3ist. — G.  Abernethie  in  Cathnes.  The  magistrates  and  counsel! 
being  informit  that  George  Abernethie  had  sauld  -the  said  victuall  to 
Alexander  Innes  in  Old  Mylnes  for  ten  merkis  the  boll  the  samyn  to  be 
tayn  notice  of  and  he  censurit  thairfor  at  his  first  cuming  to  the  toun 
and  cuntrey. 

August  7th. — Huikis  in  harvest  scheiring  on  the  landis  haldin  of  the 
toun.  It  was  ordanit  that  the  lands  of  Mostowie,  Divelligrcin,  Glasgrein 
and  Barflethills  and  possessoris  thairof  sail  injoye  the  lyik  libertie  of 
feing  of  huiks  in  harvest  as  the  inhabitants  of  this  burghe  hes. 

August  28th. — Nota.  This  old  decreit  and  letteris  to  be  put  in  the 
cagett  and  the  new  letteris  to  lye  in  the  clerkis  handis,  Mr.  John  Douglas, 
commissionar  for  the  toun  of  Elgin,  hes  delyuerit  in  counsell  the  tounes 
wreittis  delyverit  to  him  viz.  the  old  decreet  obtenit  befor  the  lordis  of 
Sessione  aganis  the  shereff  of  Murray  anent  the  dischairgeing  of  him  to 


278  RECORDS  OF  ELGIN.  [l643- 

vsurp  wnlawis  jurisdictione  wpoun  the  said  burghe  with  letteris  of 
horning  thairupone  with  letteris  for  lowsing  of  arreistment  of  guidis 
belonging  to  the  inhabitantis  of  the  said  burghe.  Item  the  said  Mr. 
John  delyverit  bayth  the  saidis  letteris  renewit  in  king  Charles  name 
togidder  with  generall  letteris  aganis  wnfrie  traddismen  with  the  tua 
equies  with  the  exemptione  and  theis  to  be  put  in  the  caggett. 

The  tuentie  fyift  day  of  September,  1643,  convenit  in  counsell  Mr. 
John  Hay,  provest,  Alexander  Lesly,  James  Douglas,  Mr.  John  Douglas 
and  George  Cuming,  baillies,  Mr.  Gavin  Douglas,  Robert  Hardie, 
William  Falconer,  Mr.  James  Annand,  Andrew  Annand,  Jon.  Myln, 
Thomas  Calder,  Wm.  Layng,  Wm.  Robertsone,  Alexr.  Russell,  and 
Nicolas  Dunbar,  persones  of  Counsell. 

Elcctione  of  Magistrattis  to  bear  office  betuix  Michaelmes  1643  and 
Michaelmes  1644..  The  qlk  daye  the  saidis  persones  of  counsell  having 
convenit  within  the  inner  tolbuith  of  the  said  burghe  as  the  ordinar 
counsell  hous  anent  the  electing  and  chuising  of  the  magistrate's  within 
the  said  burghe  for  this  zeir  incoming  betuix  Michaelmes  1643  and 
Michaelmes  1644  to  bear  office  within  the  said  burghe  during  the  said 
space.  The  heall  old  counsell  chuisit  the  new  counsell.  The  haill  old 
counsell  continewit  for  this  zeir  incuming  to  be  councellouris. 

Provest.  Lytes  for  the  provcstre  :  Mr.  Johne  Hay  and  Mr.  Gavin 
Douglas.  The  Counsell  hes  chosin  Mr.  Gavine  Douglas  to  be  provest 
for  this  zeir  incuming. 

Baillies.  Lytes  of  baillies :  Alexander  Lesly,  James  Douglas,  Mr. 
John  Douglas  and  George  Cuming  removit,  and  with  them  Robert 
Hardie,  William  Falconer  and  Nicolas  Dunbar.  The  Counsell  hes 
releasit  Mr.  Jon.  Douglas,  James  Douglas  and  George  Cuming,  and  hes 
continewit  Alexr.  Lesly  and  hes  chosin  and  putt  in  the  rowmes  of  the 
saids  Mr.  Jon.  Douglas,  James  Douglas  and  George  Cuming  the  saids 
Nicolas  Dunbar,  Robert  Hardie  and  William  Falconer  to  be  the  four 
baillies  for  this  zeir  incuming. 

Thesaurer.  Lytes  of  thesaurer  :  Andrew  Annand,  George  Cuming 
and  Thomas  Calder.  The  Counsell  hes  changit  Andrew  Annand  for 
this  zeir  and  hes  put  in  his  rowme  the  said  Thomas  Calder  to  be 
thesaurer  for  this  zeir  incuming. 

Clerk.     James  Douglas  chosin  clerk  for  this  zeir  incuming. 


1643-]  TOWN   COUNCIL  MINUTES.  279 

Dean  of  Gild.  The  haill  counsell  chuisit  the  said  George  Cuming  to 
be  dean  of  gild  for  this  zeir  incuming  quha  hes  gevin  his  ayth  etc. 

The  qlk  daye  the  haill  counsell  all  in  ane  voice  respecting  ane  petitione 
gevin  in  be  the  merchands  of  this  burghe  to  them  have  statut  and  ordanit 
that  there  salbe  ane  dean  of  gild  and  to  have  als  great  priviledge  as  anye 
burghe  of  this  kingdome  and  ane  discreit  man  to  be  chosin  be  the  said 
counsell  of  Elgin  zeirlie  to  bear  that  office  and  for  this  present  zeir  also 
and  the  said  dean  of  gild  to  do  be  the  counsell  of  Elgines  advyis  aganis 
ther  nychtbouris  and  resolutione  to  be  haid  from  vtheris  burrowis. 

Fiscallis.  Mr.  James  Annand  and  William  Layng  continewit  fischalls 
for  this  zeir  incuming. 

Officeris.    The  haill  old  four  officeris  continewit  for  this  zeir  incuming. 

Removing  of  Counsellouris.  It  is  concludit  be  the  Counsell  that  in 
caice  onye  of  the  counsellouris  salhappin  to  be  removit  off  of  the 
counsell  zeirlie  in  onye  zeir  that  ther  salbe  tua  at  leist  removit  qnever 
thai  be  removit. 

Anent  bearing  office  for  thrie  zeiris — Anent  the  cliuising  of  sum  of  the 
members  of  court.  It  is  statut  and  ordanit  be  the  haill  persones  of 
counsell  that  neither  provest  nor  baillie  sail  bear  office  within  this  burghe 
na  longer  nor  thrie  zeiris  togidder  successive,  and  that  the  clerk,  dean  of 
gild,  and  the  rest  of  the  memberis  of  court  to  be  chosin  zeirlie  ad  arbi- 
trium  consilii  of  this  burghe. 

October  2nd. — John  Hardie  hes  payit  to  Andrew  Annand,  thesaurcr, 
for  his  entrie  to  the  auchten  partis  of  landis  tuentie  aucht  s.  4d. 

October  Qth. — David  Mailling,  zounger,  gunsmith  in  Elgin,  became 
acted  iudiciallie  nocht  to  remove  furthe  of  this  burgh  to  remayne  therfra 
but  the  magistratis  licence  haid  and  obtained  thairto  wnder  the  payne  of 
fourtie  pundis  money  to  be  payit  be  him  to  ther  thesaurer  in  ther  name. 

October  24th. — Alexander  Murray,  belman,  began  to  find  aucht  4d. 
candle  nightlie  to  the  kirk. 

October  27th. — Alexander  McKenzie,  servitor  to  James  Gibson  of 
Muldarie,  receavit  as  comburges  and  fremen  gratis. 

November  6th.  —  Comperit  William  Tarres,  skynner,  quha  being 
accusit  for  bying  of  tallone  within  the  toune  and  selling  the  samyn 
furthe  thairof  confessit  the  bying  of  sevin  or  aucht  steanes  anno  1642 
and  selling  of  it  to  Androw  Aberdein,  burges  of  Aberdein,  and  fynit  in 
four  pundis  thairfor  to  remain  in  waird  for  payment  thairof  and  becam 


280  RECORDS  OF   ELGIN. 

actit  nocht  to  by  tallone  within  the  toune  to  sell  furthe  thairof  heirefter 
wnder  the  payne  of  xl.  lib.  toties  quoties. 

Stanes  for  the  Palmerfoord.  The  counsell  concludit  and  ordained 
that  everie  heritour  of  the  auchten  pairtis  sail  lead  to  the  intak  of  the 
water  of  Lossie  at  the  Palmerfoord  four  lead  of  stanes  for  ilk  auchtenpart. 

November  I3th. — James  Kay,  cordinar,  accusit  for  break  of  statutis 
confessit  the  taking  of  fourtie  s.  or  thrie  pundis  for  schoone  and  refuisit 
to  give  ane  compt  ql.  he  tuik  for  his  ledder  and  declairit  that  he  knewe 
nocht  ql.  concience  the  counsell  haid  to  censure  him  for  his  trade  or  be 
q«.  law  they  could  doe  the  samyn  and  the  counsell  fynes  him  in  ten 
pundis  money  for  deir  selling  and  loss  of  fredome  for  his  wndiscreet 
speeches  and  arrestit  in  waird  till  he  satisfie  the  said  sowme.  [Fifteen 
cordiners  are  also  fined  from  ten  merks  to  535.  4d.  for  breach  of  statutes.] 

November  2oth. — John  Thomson,  flesher,  alias  birsie,  haiffing  confessit 
the  break  of  statutis  wnlawit  in  aucht  pundis  money.  [Several  other 
fleshers  are  also  fined.] 

December  4th. — William  Myll,  burges  of  Elgin,  becom  actit  of  new 
to  present  bcfor  the  provest  and  baillies  Jon.  Bruce  in  Cowsie  on  the  sext 
of  December  instant  for  the  ryot  committit  be  him  aganis  Alexander 
Culbock  wnder  the  payne  of  ten  pundis  money  by  and  attour  the  penaltie 
conteanit  in  their  former  act. 

It  is  appoyntit  that  the  haill  skynneris  and  wtheris  tradismen  except 
the  merehands  be  summondit  befoir  the  tounes  court  for  thair  weghtes 
ilk  Weddinsday  for  break  of  the  statute  thairanent. 


1644. 

January  8th. — The  haill  fleshers  ordained  to  be  wairdit  boith  tunismen 
and  landward. 

The  last  proclamatione  anent  the  tounismen  that  nane  tak  on  with 
any  commander  heirefter  till  the  counsell  give  warrand  to  that  effect  with 
certificatione  they  sail  never  be  resett  within  this  burgh  again. 

February  26th. — Thomas  Calder,  now  thesaurer,  hes  receavit  Colonell 
Frasers  band  on  vix*iiij  lib.  xvi  s.  The  counsell  appoyntes  the  four 
baillies  to  compt  with  the  weemen  that  quartered  Colonell  Frasers  sojors 
and  to  pay  thame  in  the  first  end  of  the  loan  money. 


1644.]  TOWN   COUNCIL  MINUTES.  281 

March  4th. — The  counsell  ordains  Androwe  Annand  to  keip  his 
pulder  and  laid  for  the  tounis  wse  quha  hes  promised  to  doe  the  samyn. 
Item  that  the  haill  toune  be  advertised  to  haue  ther  muscattis  and  gunnis 
in  readiness  with  ball  conforme  and  pulder  to  be  presentit  in  counsell  the 
xi  of  this  instant  Marche  wnder  the  payne  of  fyve  pundis  money. 

March  i8th. — The  persones  of  counsell  convenit  condescendit  that 
Alexander  Browster,  pundler,  sail  hawe  for  attendance  of  the  cornis  of 
everie  auchtenpart  of  the  grieschip  landis  ane  peck  wictuall  this  zeir  1644 
and  the  heritor  of  the  auchtenpartis  to  be  comptabill  for  the  possessoris 
the  said  Alexander  making  haill  cornes  and  gress  or  then  to  schowe  the 
distroyers  thairof  and  tak  thair  poyndis. 

March  25th. — The  counsell  appoyntis  the  drum  to  goe  through  the 
toune  with  the  proclamatione  for  desyring  of  sojors  to  goe  for  the  toun 
to  the  aermie  in  England  quha  sail  haue  of  levie  money  tua  dollaris,  ane 
pair  of  newe  schone  etc. 

April  2Oth. — The  Counsell  ordained  Thomas  Calder,  thesaurer,  to 
delyver  to  the  provest  ten  dolloris  to  be  giffin  to  Capitane  George  Smyth 
for  his  paynes  takin  and  to  be  takin  on  the  touns  sojors.  Item  it  is 
appoyntit  that  Thomas  Calder,  thesaurer,  delyver  to  the  sojors  43.  ilk 
day  beginnand  the  22  instant. 

May  loth. — Mr.  John  Hay,  appoyntit  commissioner  to  goe  to  the 
committie  at  Turreff  the  16  of  this  instant  with  the  committie  of  warre 
there  with  the  Marqueis  of  Ardgyll.  It  is  appoyntit  that  Mr.  John  Hay 
sail  hawe  403.  ilk  day  till  his  hame  cuming  and  to  haue  sextein  pundis 
money  in  hand  till  compt.* 

June  loth. — It  is  condiscendit  that  the  four  baillies  pay  furthe  of 
fyve  hundrethe  merks  restand  be  the  toune  to  the  laird  of  Brodic  and 
John  Hay  of  Knockaudie  the  haill  restis  restand  on  ther  quarters  be  the 
Marqueis  of  Ardgyllis  troupers  extending  to  iijc  and  vii  lib.  i8s.  and  the 
rest  to  be  put  in  the  cadgett  with  the  loane  money. 

June  1 3th. — The  qlk  day  Alexander  Watsone,  flescher,  dispensit  with 
Robert  Watsone,  his  sonne,  to  be  ane  sojor  for  the  toune  in  name  of  the 
fleschers,  and  Thomas  Mitchell,  Alexr.  Sutherland,  Johne  Stronnoche 

*  James,  Earl  of  Murray,  as  Colonel  of  the  Moray  regiment  of  horse,  appointed  the  Laird 
of  Grant  his  Lieutenant  Colonel  (1st  April,  1644).  The  Earl  of  Moray  is  said  to  have  been  a 
Royalist  at  heart,  and  took  no  active  part  himself.  The  Laird  of  Grant  called  out  the  vassals  of 
his  brother-in-law,  and  they  assembled  at  Elgin  to  the  number  of  about  1000  horse  and  foot. — 
("The  Chiefs  of  Grant,"  I.,  17.) 

M  I 


282  RECORDS  OF   ELGIN.  [1644. 

and  Jon.  Thomsone,  "birsie,"  fleschers  are  becom  actit  to  furnische  the 
said  Robert  in  intertainement  at  45.  a  day  with  armes  and  cloathis 
sufficientlie. 

Act  anent  flesches.  Ilk  ane  of  the  fleschers  are  ordained  to  sell  thair 
best  muttoun  at  365.  and  the  secundary  at  ane  lower  pryce  according  to 
the  worth  tuix  this  and  St.  James  day  wnder  the  payne  to  be  censured 
as  breakers  of  the  statutis. 

June  I4th. — Thomas  Purs,  wobster,  accusit  for  the  bluid  and  blac 
gifting  to  Bessie  Donald,  his  spous,  in  ane  extraordinar  way  being 
personally  warnit  be  Jo".  Douglas  is  wnlawit  in  fyve  pounds  money  and 
is  appoyntit  to  be  instantlie  wardit  during  the  magistratis  will  and 
George  Purse,  his  brother,  becam  actit  to  enter  him  befoir  the  counsell 
the  24  instant  vnder  the  payne  of  ten  pundis  money. 

June  20th.  —  Alexander  Anderson  for  bluid  giffing  to  William 
Sutherland  is  wnlawit  in  fiftie  punds. 

June  24th. — Stent  off  200  lib.  It  is  appoyntit  that  ther  salbe  ane 
taxt  laid  on  the  haill  towne  boith  traddismen  and  wthers  for  mantenance 
and  rigging  furthe  of  their  sojors  extending  to  tua  hundrethe  pundis  to 
be  stentit  be  Alexr.  Leslie,  William  Falconer,  baillies,  etc. 

July  ist— The  counsell  appoyntis  Thomas  Calder,  thesaurer,  to  give 
to  the  begger  callit  [blank]  Fraser,  ane  of  the  sojors  tua  s.  8d.  daylie 
beginnand  this  day  and  to  pay  ten  s.  of  wages  bygain  at  2s.  onlie  ilk  day 
advanced  be  Robert  Dunbar,  officer. 

July  8th. — Andrewe  Annand  is  appoyntit  to  try  James  Myllroy  if  he 
will  set  us  George  Donaldsones  barne  for  ane  song  scuill. 

July  I5th. — Robert  Gibsone  of  Linkvoods  to  be  summondit  to  the 
17  instant  befoir  the  counsell  to  be  accuisit  for  wynning  out  of  the  tounis 
mures  and  commone  gait  on  the  stane  corsehill.  Item  to  haive  ane  cair 
to  challang  Alexr.  Oliphant  in  Caithnes  for  selling  wictuall  in  Garmoch 
wnoffered  to  the  towne  and  that  he  may  be  wardit  till  he  set  cautione  for 
compeirance  befoir  the  counsell  for  that  effect. 

July  22nd. — William  Sutherland,  notar  publict,  burges  of  Elgin,  being 
accused  for  extracting  of  ane  Instrument  to  Alexander  Innes  of  Coxstoun 
against  the  magistrats  of  Elgin  wherein  he  omitted  that  whilk  wes  mest 
necessar  to  be  insert  for  the  magistrats  behoue  notwithstanding  that  he 
wes  required  and  advised  to  insert  the  magistrats  ansuer  in  the  said 
instrument  and  also  being  accused  for  his  contumelious  and  reproachfull 


1647.]  TOWN  COUNCIL  MINUTES.  283 

speeches  of  the  magistrals  and  counsel!  the  said  William  compeirand 
confessit  the  giving  out  of  the  said  instrument  in  manner  forsaid  but 
denyed  the  contumelious  speeches  qlk  notwithstanding  were  proven  be 
two  famous  witnesses  and  therefore  wes  ordanit  to  lose  his  burgeship  and 
to  be  in  the  counsellis  will  for  his  miscariage  for  his  forther  punishment. 

July  22nd. — Robert  Gibsone  of  Linkwoods  taks  the  29  instantis  to 
compeir  befor  the  counsell  and  to  give  his  ansuer  anent  the  intaking  of 
the  tounes  mures  in  Glasgrein  and  of  the  way  on  Stanecrocehill. 

William  Edward  for  reset  of  Hiland  Marg'.  fynit  in  4  lib.  and  John 
Davidsone  for  the  reset  of  Alexander  Rynes  fynit  in  3  lib.  6s.  8d.  and 
ordained  to  remove  the  saids  pcrsones  wndcr  the  payne  of  poynding  of 
their  persones. 

[Leaves  amissing  and  Minutes  lost  between  22nd  July,  1644,  and 
1 3th  April,  1647,  except  one  entry.] 

1646,  November  2^rd. — Cordinaris  [16  in  number]  in  Elgin,  Dollas, 
Monachtie  £c.  wnlawit  (from  2  to  21  lib  ilk  ane)  for  break  of  statutis. 
Carteris  [9  in  number]  fynit  135.  4d.  ilk  ane  for  transporting  guidis  in 
cartis  alongis  the  brig  of  Lossie. 


1647. 

April  23rd. — It  is  appoyntit  that  the  haill  breweris  and  selleris  of 
drink  and  aquavitie  be  present  ilk  Setterday  within  the  tolbuithc  at 
ellevin  houris  for  payment  of  thair  excyse  with  certificatione  if  thay 
compeir  not  the  rigor  of  the  excyse  salbe  enacted. 

April  26th. — Merchandis  for  thair  excyse.  George  Cuming,  baillie, 
declairit  that  he  haid  no  excysabill  wairis  except  to  the  worthe  of  106 
lib.  135.  4d.  Walter  Hay,  merchant,  to  the  worthe  of  143  lib.  William 
Tarres,  79  lib.  6s.  Alexander  Stevin,  72  lib.  Hew  Hay,  22  lib.  8s. 
David  Dunbar,  94  lib.  Thomas  Calder,  51  lib. 

Kempis  aiker  and  the  Calff  waird  to  be  roupit. 

July  5th. —  Traffecters  beyond  Spey.  It  is  appoyntit  that  theis  that 
hes  traffected  besouth  Spey  since  the  last  bank  be  cited  and  punisched 
conform  thairto. 


284  RECORDS  OF   ELGIN.  [1647. 

Maisteris  to  watcke.  It  is  appoynted  that  all  Mrs.  of  famlies  of  quhat 
degree  soever  watche  his  night  about  as  it  sail  come  to  him  and  thais 
that  goe  fra  hame  sail  leave  ane  sufficient  man  for  them  wtherwayis  the 
contraveineris  to  be  instantlie  poyndit  for  fourtie  schillingis. 

July  1 2th. — Act — Gordoun  and  Ross.  Adam  Gordoun,  merchand 
burges  of  Aberdein,  and  Patrick  Ros,  seruitour  to  Andro  Adame, 
merd.  burges,  becam  actit  in  respect  of  the  plague  in  Aberdeen  and 
thair  residence  heir  not  to  commune  nor  speak  with  any  that  comes  fra 
the  said  bruch  heirefter  but  licence  haid  and  obtained  fra  the  magistratis 
of  this  bru1.  with  certificatione  if  they  contravene  they  sail  haive  no 
entres  within  this  burghe  againe  during  the  said  plague  and  thair  haill 
guidis  within  this  bru'.  confiscat  to  the  townes  wse. 

(Signed)       A.  Gordoun.     Patrick  Ros. 

Act — Mallice,  Winsister  and  ivtheris.  Robert  Mallice,  William 
Winchester,  Jon.  Chalmer  (nolo),  Peter  Winchester,  Thomas  Warrand, 
Jon.  Rag,  burgesses  of  Elgin,  becam  actit  not  to  trafiect  beyond  the 
water  of  Spey  nor  buy  any  that  comes  over  the  samyn  or  to  the  portis 
but  licence  grantit  be  the  counsell  wnder  the  payne  of  ane  hundrethe 
pundis  money. 

Act  anent  thais  that  are  at  the  port.  It  is  inacted  that  none  drink  or 
eat  or  receave  moneye  fra  thais  that  are  holdin  at  the  port  wnder  the 
payne  of  fourtie  pundis  and  closing  wp  of  thame  selffis.* 

September  I7th. — In/or :  contra  f tines.  William  Edward  declairit 
judiciallie  that  he  being  in  his  owne  hous  on  the  14  instant  in  his  bed 
about  ten  of  the  cloak  at  night  Robert  Innes  in  Auldmills  cam  rusching 

*  12  April,  1647. — The  said  day  the  haill  toun  for  the  maist  pairt  being  convenit  within  the 
laich  counsellhous  of  this  burghe  be  tuk  of  drum,  it  was  exponit  to  thame  convenit  as  said  is, 
be  the  said  Patrik  Leslie,  proveist,  that  the  magistratis  of  this  burghe  hade  receaved  certaine 
intelligence  that  the  plague  of  pestilence  wes  raging  in  Bervie,  and  the  said  proves!  desyrit  the 
saids  inhabitants  convenit  as  said  is,  that  they  wald  tak  head  to  themselues  and  acquaint  thair 
nichbours  wha  wer  absent  that  they  receave  nane  within  thair  houssis  comeing  from  the  south 
without  ane  sufficient  testimonial!  that  they  haue  not  been  in  any  suspect  place  of  the  plague, 
and  for  that  effect  ordanit  ane  watch  to  be  keipit  nicht  and  day  be  the  inhabitants  at  all  passages, 
to  wit,  at  the  Bridge  of  Dee,  Blokhous,  Crabstane,  and  other  pairts  about  the  toun. — (Extracts 
from  the  Council  Register  of  the  Burgh  of  Aberdeen,  1643-1747  :  Scottish  Burgh  Rec.  Soc.) 

A  fortnight  later  the  Magistrates  of  Aberdeen,  being  alarmed  at  the  outbreak  of  plague  at 
Petmuckstoun,  brought  by  a  woman  from  Brechin,  where  the  infection  was  raging,  and  there 
being  a  suspected  case  even  in  the  burgh  itself,  took  more  stringent  measures,  appointed  a  strong 
guard  of  six  score  men,  ordered  all  idle  and  stranger  beggars  to  be  removed  from  the  town,  all 
cats  and  dogs  to  be  killed  within  forty-eight  hours,  and  poison  to  be  laid  for  "  myce  and  ratons." 
The  plague,  however,  spread,  and  the  Town  Council  suspended  their  meetings  from  2&th  May 
till  September,  1647. 


1648.]  TOWN   COUNCIL  MINUTES.  285 

in  and  said  gait  ane  light  and  that  he  wald  mak  ane  light  for  himself 
and  with  this  threw  in  the  stool  in  the  fyre  and  that  the  watch  fled  out 
at  his  back  doore  for  fear  in  throw  the  tuttouris  yaird  and  that  they  cam 
to  the  yeat  and  hard  and  saw  the  said  Robert  Innes  brak  up  bares  and 
rungis  of  the  carttis.  Agnes  Jameson  declairit  that  quhen  she  haid 
inquyrit  of  the  watch  quha  haid  brokin  hir  cairt  they  told  that  Robert 
Innes  haid  brokin  the  samyn  altogidder  except  the  quheillis  barres  and 
bottome  rungis  and  that  the  said  Robert  haid  promeissed  to  mak  wp  the 
samyn  to  hir.  William  Brand,  wobster,  declairit  quhen  Robert  Innes 
cam  to  the  port  he  and  the  rest  of  the  watch  were  standeing  at  William 
Edward's  doore  and  he  cuming  to  the  poirt  cryed  quhair  ar  thir  damtnt 
willanes  and  with  that  he  cam  out  of  the  poirt  and  sweir  he  sould  cutt 
them  all  and  followit  the  watche  in  to  William  Edwardis  hous  quha  were 
forced  to  flic  for  fear  he  sould  haue  wronged  them  and  then  he  cuist  in 
William  Edwardis  stoollis  in  his  owne  fyre  and  therefter  cam  out  and 
brak  the  cairtis. 

1648. 

June  2 ist. —  Wenteneris.  Nicollas  Dunbar,  baillie,  declairit  on  tua 
pypes  of  seek,  thrie  punschiones  and  ane  terce  of  frensch  wyne.  Mar- 
garet Hamiltoune  declairit  on  ane  tun  of  frensch  wyne  and  ane  pype  of 
seek.  Margaret  Innes  on  ane  tun  of  frensch  wyne.  Wm.  Tarres  three 
tun  of  frensch  wyne  and  four  butts  of  seek.  Wm.  Robertsone,  baillie, 
ane  tun  of  frensch  wyne.  Alexander  Urquhart  ane  butt  of  seek.  Robert 
Dunbar  tuo  tun  and  ane  halff  of  frensch  wyne  and  ane  butt  of  seek. 
Alexander  Petrie  declaired  5  punschiones  of  frensch  wyne  and  ane  butt 
of  seek.  Marjorie  Leslie  declaired  on  5  punschiones  of  frensch  wyne 
and  ane  pype  of  seek.  [In  November,  1648,  are  two  additional  declara- 
tions] :  Nicolas  Dunbar  10  puncheons  French  wine  with  ane  pyp  of  sack, 
and  Margaret  Hamilton  6  puncheons  French  wine  and  2  pypes  Spanisch 
wyne.  [Seven  declarations  not  entered.] 

November  I3th. — Comperit  Alexander  Innes,  cordinar,  and  declarit 
that  he  haid  tayn  onlie  tualff  schillingis  for  singill  soillit  schoone  bot 
that  he  haid  tain  ordinarlie  for  menis  double  soillit  schoone  26s.  8d.  and 
sometymes  305.  and  i6s.  for  weemen's  double  soillit  schoone.  His 
censure  continewit  till  the  rest  of  the  cordinaris  be  censured. 


286  RECORDS  OP  ELGIN.  tl649- 

December  i  ith. — Keyis  of  the  cadget.  The  thrie  keyis  of  the  townes 
cadget  were  delyverit  in  keiping  ane  to  Nicolas  Dunbar  and  the  wther 
to  William  Layng,  baillie,  and  the  wther  to  Robert  Hardie. 


1649. 

March  I2th. — George  Cuming,  thesaurer,  appoynted  to  mend  the  brig 
of  Lossie. 

March  igth. — Ane  bank  ordained  to  goe  throch  the  towne  discharging 
all  inhabitants  within  this  bru1.  nocht  to  tak  on  with  any  commander  till 
first  the  towne  be  serucd  wnder  the  payne  of  banishment  furthe  of  this 
towne  and  never  to  haue  entres  within  the  samyn. 

April  nth.  —  William  Crombie,  merchand,  ordayned  to  be  maid 
burges  for  payment  of  20  pundis  moe.  becaus  he  is  to  marie  ane  burges 
doghter  quha  wes  ane  counseller. 

Setterdayis  mercat  cliainged.  The  Counsell  in  obedience  of  the 
Parliament  and  Generall  Asscmblie  hes  resolvit  to  change  thair  Setter- 
dayes  mercat  wciklie  to  Fryday. 

May  1 8th. — The  Counsell  have  giffin  power  to  Mr.  John  Hay,  provest, 
to  offer  for  the  excyse  monethlie  thrie  scoir  lib. 

August  27th. — Robert  Sutherland  becam  actit  as  caution  for  Alexander 
Glas,  violer,  that  the  said  Alexander  sail  keip  ordour  within  this  burgh 
and  that  he  sail  not  play  at  penny  brydellis  nor  efter  eight  houris  at 
nyght  and  he  sail  remove  himselff  wyff  and  familie  preceislie  at  Mertimes 
nixt  wnder  the  payne  of  tuentie  pundis. 

October  ist. — Act  anent  selleris  of  aill  and  beir  and  aquavitie.  It  is 
statute  that  na  brewer  within  this  brughe  presume  efter  the  proclamatione 
heirof  to  tak  any  pryce  for  beir  and  aill  except  onlie  tuentie  pennys  the 
pynt  wnder  the  payne  of  ten  pundis  moneye  and  punischment  of  thair 
persones  at  the  will  of  the  magistrates  and  that  they  tak  no  hier  pryce 
for  aquavitie  nor  26s.  8d.  wnder  the  payne  forsaid. 

October  8th. — Excyse  of  malt  monethlie.  The  brewsteris  appoynted 
to  pay  for  the  moneth  of  October  instant  and  heirefter  till  the  counsell 
forder  advyse  for  ilk  boll  malt  that  salbe  brewin  be  tham  tualff  schillingis 
money  of  excyse. 


1650.]  TOWN   COUNCIL  MINUTES.  287 


1650. 

April  22nd. — Ane  bank  aganis  feing  sojors.  The  provcst,  baillies  and 
counsell  convenit  appoynted  ane  bank  to  be  send  throch  the  towne 
discharging  all  inhabitants  within  the  samyn  that  thai  sould  nocht  fie 
thamselffis  as  sojores  to  any  persone  heerefter  wnder  the  payne  of  banisch- 
ment  and  wther  punischment  at  the  will  of  the  magistratis. 

Bank  aganis  selling  of  pulder  and  lead.  Na  men  within  this  brughc 
to  sell  pulder  or  lead  to  any  persone  but  licence  haid  fra  the  baillies 
wnder  the  payne  of  tuentie  pundis  and  punischement  of  thair  pcrsoncs 
at  the  will  of  the  magistratis. 

May  1 7th. — Sir  Ro1.  Gordounes  licence.  Anent  the  missive  giffin  in  be 
Sir  Rol.  Gordoun  for  winning  and  buying  of  peits  in  Mostowie  the 
Counsell  grantit  the  samyn  for  this  zeir  and  limitat  tham  to  tua  hundrcth 
cairthill  of  peittis. 

July  8th.  —  Tarres  and  Geddes.  William  Tarres  and  Alexander 
Geddes  being  accusit  for  putting  back  ane  bark  that  wes  cuming  into 
Germoch  or  any  wther  port  with  wictual  they  denyit  the  samyn. 

July  1 5th. — Jeane  Sinclairis  act.  Jeane  Sinclair,  relict  of  wmq".  Jon. 
Pedder,  becam  willinglie  actit  that  no  inhabitant  within  this  burghe  thair 
guidis  geir  and  zaird  salbe  trublit  or  molestit  be  hir  any  tyme  cuming 
wnder  the  payne  of  banischment  furth  of  this  burghe. 

August  8th.  —  Provest  Commissioner.  That  day  being  woited  in 
counsell  quhidder  thair  sould  goe  ane  commissioner  to  the  present 
Parliament  the  woites  being  speired  and  equall  till  the  provest  be  his 
woite  it  wes  fund  necessar  thair  sould  ane  goe  and  the  provest  protestit 
that  in  respect  of  his  severall  former  voiages  in  the  publict  southe  he 
sould  not  be  nominatt  for  the  present  nevertheles  the  counsell  appoynted 
the  provest,  Mr.  John  Hay,  to  be  Commissioner  for  piit  and  he  protestit 
in  the  contrair. 

November  I  ith. —  Vintenaris  tuix  hallowmes  1649  and  hallowmes  1650: 
Elspet  Annand  declairit  on  I  tun  and  ane  halff  qrof  thair  is  onlie  tua 
punschiones  run  and  thairfor  schoe  is  comptabill  at  Hallowmes  next  for 
ane  tun.  Margrat  Innes  tua  punscheons  run,  Marjorie  Fergussone  I  tun 
run,  Margrat  Hamiltoun  tua  tun  run,  Alexander  Petrie  receauit  3  tun 
Frensch  wyne  qrof  ane  punscheone  spilt  tua  tun  and  ane  punscheon  run 


288  RECORDS  OF  ELGIN.  [1651. 

and  tua  punscheones  to  rin  with  ane  but  of  seek.  Robert  Dunbar  4  tun 
Frensch  wyne  qrof  2,\  run  and  ane  tun  and  ane  halff  to  rin  with  ane  but 
seek. 

Francis  Merschall,  smyth,  wndertook  to  mak  four  halbertis  for  the 
four  officeris  tuixt  this  and  Andersmes  nixt. 

Mortdoathe  delyvered  to  the  thesaurer.  John  Chalmer,  thesaurer, 
appoynted  to  receave  the  moirtclaithe  and  when  he  sendis  it  alandward 
to  pay  thairfoir  ten  merkis  money  and  four  pundis  for  the  townes  men. 

November  I3th. — The  provest  presentit  a  letter  to  the  toune  from  Sir 
William  Lockart  daitit  at  Aberdeen  the  30  October  last. 

Tua  letteris  presented  to  the  Counsel/.  Sicklyk  the  said  day  the  provest 
presentit  ane  uther  letter  directit  to  him  self  onlie  from  my  L.  Brodie 
anent  a  Commissioner  to  the  ensueing  parliament  qlk  letter  is  dated  the 
ii  November  1650  and  received  the  12  thairof  be  him  whereanent  the 
Counsell  haueing  reasoned  they  found  the  advertisement  late  and  the 
provision  of  moneye  to  be  hard  so  that  they  found  themselues  vnable  to 
send  one. 

November  1 6th. — Cuming  Commissioner  for  the  Part.  George  Cuming, 
baillie,  appoyntit  commissicnar  for  the  ensueing  parliament  at  Perth  and 
that  upone  the  desyre  of  a  letter  presented  this  day  be  the  provest  and 
direct  be  the  Committie  of  Estaites  to  the  Committie  of  the  shyre  of 
Murray  desyring  them  to  adverteis  the  borrowes  of  the  said  shyre  for 
sending  commissioners. 

November  i8th. — Chartour  of  the  Patronage  put  in  the  Cadgett.  Mr. 
Johne  Douglas,  provest,  delyvered  to  the  counsell  to  be  put  in  the 
cadgett  the  principal!  chartour  of  the  gift  of  the  patronage  with  the 
ratificatione  of  parliament  and  the  lords  of  the  committie  of  parliament 
their  representatione  to  the  parliament  of  the  conditione  of  the  kirk  of 
Elgin  as  the  cathedrall  kirk  with  certane  old  actis  for  provisione  of  the 
kirk  of  Elgin  and  the  advocats  resolutione  of  some  questiones  by  con- 
sultatione  proponed  thairanent. 

1651. 

January  6th.  —  Mr.  Ja.  Annands  admissione  to  the  clerkship.  Mr. 
James  Annand  elected  clerk  of  the  burghe,  dureing  the  pleasure  of  the 
Counsell,  in  place  of  James  Douglas  deceased. 


1651.]  TOWN   COUNCIL  MINUTES.  289 

January  2Oth. — Murray,  belman.  Anent  Alexander  Murray,  belman, 
his  petitione  alledging  he  had  giuen  tuentie  lib.  more  nor  wes  due  be  him 
for  his  customes  the  yeare  preceiding  and  therefore  desyred  allocatione 
thereof  in  the  yeare  succeeding.  The  counsell  suspends  there  ansuer  to 
the  bill  vntill  they  see  ane  amendment  in  the  petitioner  anent  the  ruleing 
of  the  clock  and  ringing  of  the  4  houres  and  8  houres  bell  at  morning 
and  nycht  and  giff  he  faill  in  doeing  duetie  therein  he  is  to  have  neither 
payment  nor  allocatione  and  himself  to  be  warded. 

February  loth. — Officeris  cloathes.  Walter  Hay,  merchand,  ordanit 
to  buye  16  elnes  of  whyte  walked  cloath  to  the  officiars  on  the  touncs 
charges. 

February  2ist. — Inhabitants  not  to  remone.  Ane  bank  ordanit  to  be 
publischit  that  na  inhabitant  within  this  burghe  remove  thairfra  vnder 
the  paine  of  to  be  esteimed  runawayes  and  then  and  there  resetters  to  be 
punished. 

March  1st. — Offer  maid  to  the  L.  Duffus  anent  the  excise.  Anent  the 
excise  offered  be  the  Laird  Duffus  the  counsell  hes  resolued  to  give  no 
more  for  the  first  six  monethis  viz.  betuix  the  first  of  May  1650  and  the 
first  of  Nouember  nixt  therafter  but  onlie  50  merkis  moncthlic  and  for 
the  uther  6  monethis  therafter  56  lib.  monethlic. 

March  2Oth. — Archibald  cited.  It  is  ordained  that  ane  officer  be  direct 
to  summond  Johne  Archibald,  Rossyle,  to  present  -  -  Archibald,  his 
sone,  befoire  the  Committie  of  this  schyre  for  the  toune  of  Elgine  their 
vse. 

April  1 6th. — Money  higlited.  The  said  day  the  highting  of  the  money 
wes  proclaimed. 

The  discharge  granted  be  Colonell  Robert  Dunbar,  apperand  of 
Westfeild,  vpon  the  resett  of  32  sojors  is  delyvered  to  John  Chalmer, 
thesaurer. 

Cathnes  regiment.  Thomas  Calder,  baillie,  gave  to  Johne  Chalmer, 
thesaurer,  qlk  wes  receiued  fra  the  Kathnes  regiment,  80  libs. 

May  2 1 st. — Money  delitiered  be  the  ministers  to  JoJine  Chalmer.  Johne 
Chalmer  hes  receiued  fra  the  ministeris  of  the  contributione  to  the 
prisoners  in  England  fiftie  nyne  libs.  155.  6d.  wherof  some  licht  money. 

May  1 4th. — A  missive  from  his  Ma'''.  That  day  the  Counsell  hes 
receavit  a  missive  from  his  Majestic  for  advanceing  vpone  trust  ane 
hundreth  lib.  sterling  for  his  proper  vse  whilk  the  provest  hes. 

N  I 


290  RECORDS  OF  ELGIN.  t1^!. 

July  I4th. — Kattailes — Communtie  besyde  Auldraughtie.  Weddnes- 
day  nixt  is  appoynted  to  visite  the  kattailles  by  the  whole  Counsell, 
Fursday  next  be  sex  houris  in  the  morning  is  appoynted  to  go  to  the 
commontie  besyd  Auldrochtie  and  take  William  Cook  with  them  for 
making  civill  interuptione  and  to  get  arrestment  from  the  shereffe  dark. 

October  I3th. — Johne  Davidsone.  Johne  Davidsone,  webster,  for  not 
cuming  to  watche  at  the  towbuith  on  Fryday  preceiding  is  ordained  to 
be  warded  presentlie  and  to  remaine  24  houris  and  als  ordained  to  be 
warded  untill  he  act  himself  not  to  cast  feall  and  devott  in  the  communitie 
except  the  moores. 

November  I7th. — Band  for  England.  John  Chalmer,  thesaurer, 
delyvered  ane  band  to  the  counsell  granted  be  them  to  the  ministers 
vpon  fyftie  nyne  pund  fyftein  shillingis  6d.  of  the  contributione  for  the 
releif  of  England. 

L.  Dnffns  band  givin  to  George  Gordone.  The  clerk  delyvered  to  the 
prouest  the  Lo  /  Duffus  band  grantit  to  him  on  a  thousand  merkis 
money  whilk  wcs  a  part  of  the  aughtein  hundreth  merkis  borrowed  by 
the  toune  from  George  Gordone,  messenger  in  Edinburgh,  to  haue  bein 
advanced  to  his  Matie  at  Stirling  and  whilk  band  wes  delyvered  to  the 
said  George  and  accepted  be  him  in  part  of  payment  of  the  forsaid 
soume  and  granted  discharge  thereon  and  did  then  restit  in  the  prouest's 
hand  of  the  forsaid  soume  aught  hundreth  merkis  whereof  he  delyvered 
the  said  day  to  the  said  George  ane  hundreth  libs,  money. 

November  26th. — Comissionars  for  Banff.  The  provest,  with  George 
Cuming  and  Thomas  Calder,  baillies,  are  appoynted  to  goe  to  Banff  to 
the  Englishes  when  they  come  that  length.  The  provest,  with  Mr.  John 
Hay  and  Alexander  Dunbar,  are  appoynted  to  goe  to  Forres  to  the 
comittie. 

December  22nd. — Assisting  quarter  for  horses.  It  is  ordained  that  a 
survey  that  all  that  haue  horses  who  are  lest  able  to  manteine  them  that 
such  utheris  as  are  able  and  haue  none  shall  furnish  a  proportione  of 
money  for  supplieing  of  coale  and  candle  and  vther  exterordinars  and  als 
they  that  haue  seek  persons  may  be  looked  to  and  as  they  have  need  to 
gett  supplie. 


1652.]  TOWN   COUNCIL  MINUTES. 


1652. 

January  7th. — Money  at  the  old  rate.  There  wes  presented  be  the 
prouest  ane  letter  from  Colonell  Thomas  Fitche  from  Innerncs  for 
proclamatione  of  the  money  to  the  old  rate  and  which  wes  done  the 
said  day. 

January  3Oth. — Mr.  John  Hay,  comissionar.  The  prouest,  Mr.  John 
Douglas,  presented  to  the  counsell  ane  order  in  print  from  the  English 
comissioners  for  sending  ane  comissioner  from  this  burghe  to  the 
meetting  at  Dalkeith  the  26  of  Feb.  next.  Mr.  John  Hay  nominat. 

March  22nd. — Mr.  Joline  Hayes  report  from  Dalkeyth.  Mr.  John 
Hay  being  returned  from  Dalkeith  as  Commissionar  delyvered  to  the 
provest  ane  protectione  for  the  burghe  of  Elgin  from  the  Parliament  of 
the  Commone  wealth  of  England  together  with  ane  warrand  from 
Major  G.  Deans  anent  the  cess  and  quarteringis.* 

April  ist. — Eng :  order  for  ellecting  Magistrates.  Mr.  Johne  Hay 
presented  the  Generalls  warrand  and  order  from  the  Commissioners  of 
the  commone  wealth  of  England  to  the  toune  for  electing  magistratis  and 

*  From  "  The  Cromwellian  Union,"  edited  by  C.  Sanford  Terry,   M.A. 
(Scott.  Hist.  Soc.,  1902),  p.  73:— 

Assent  of  Elgin.*  I,  Master  John  Hay,  Comissioner,  deputed  by  the  Burgesses  and 
neighbors  of  the  Burgh  of  Elgin  and  authorized  by  them  to  repaire  hether  to  Dalkeith  to  attend 
the  Comissioners  of  the  Parliam'  of  the  Comon  wealth  of  England  for  orderinge  the  affaires  of 
Scotland,  The  said  Comissioners  haveinge  delivered  to  me  the  Declaracon  of  the  said  Parliament 
concerninge  the  settlement  of  Scotland  and  desired  my  positive  Answere  in  writeinge  to  be  given 
in  to  them  as  to  the  Acceptance  of  the  Parliaments  Tender  in  the  second  Article  of  the  said 
declaracon  and  to  the  other  thinges  conteined  in  the  paper  of  the  27  Februar  last,  doe  for  my 
selfe  and  on  the  behalfe  of  those  represented  by  me  retourne  this  Answere. 

As  to  the  Tender  of  the  second  Article,  whereby  it  is  declared  that  Scotland  shall  and  may 
be  incorporated  into  and  become  one  Comone  wealth  with  England,  whereby  the  same  goument 
that  is  established  there  and  enioyed  by  the  people  of  that  nation  vnder  the  free  state  and 
Comonwealth  of  England  as  it  is  now  setled  without  Kinge  or  house  of  Lords  may  be  derived  to 
the  people  of  Scotland,  I  accept  the  said  tender  and  assent  thereto. 

I  also  declare  that  wee  will  in  the  meane  tyme  live  peaceably  and  obey  the  Authority  of  the 
Parliament  of  the  Comon  wealth  of  England  to  be  excercised  in  Scotland,  and  shall  be  ready 
from  tyme  to  tyme  to  offer  what  wee  shall  conceaue  requisite  for  bringinge  to  effect  the  said 
Vnion  and  settlement  with  speed  and  best  satisfaccon  to  bothe  nations.  In  witness  whereof  I 
haue  subscribed  these  pnts  at  Dalkeith  the  second  day  of  March,  1652. 

JOHN   HAY.t 

Vera  copia:  lo.  PHELPES,  Seer. 
Endorsed  : — Elgin  Burgh  Deputy  Assent,  March  2,  1651. 

*  Portland  MSS.,  N.  xx.,  129. 

t  Probably  John  Hay,  Town  Clerk  of  Elgin.    Cf.  Foster,  "  Members  of  Parliament,"  p.  176 


RECORDS  OF   ELGIN.  tl652- 

giving  oathes  conforme*  together  with  a  particular  order  and  warrand  to 

*  By  the  Commissioners  of  the  Parliament  of  England  for  Ordering  and  Managinge 

Affaires  in  Scotland: 

WHEREAS  the  Burgh  of  Elgin  haue  by  theire  Deputy  declared  theire  acceptance  of  the 
Defender  of  the  Parliament  of  the  Commonwealth  of  England  to  be  incorporated  into  the 
Commonwealth  of  England  and  to  be  one  therewith  and  haue  engaged  themselves  to  live 
peaceably  vnder  and  yeald  obedience  vnto  the  Authority  of  the  Parliament  of  the  Common- 
wealth of  England  excercised  in  Scotland  who  are  there-fore  taken  into  the  especial!  protection 
of  the  Parliament  And  application  hath  bin  since  made  to  vs  by  the  said  Deputy  prayinge  our 
graunt  and  Commission  whereby  the  said  Burgh  may  be  authorised  to  elect  officers  to  governe 
the  said  Burgh  Vppon  serious  consideration  thereof  and  being  desireous  to  endeavor  by  all 
good  wayes  and  meanes  that  the  people  of  that  Towne  may  haue  goverment  and  Justice 
administered  Wee  by  vertue  of  the  Authority  on  that  behalfe  given  vs  by  the  Parliament  of  the 
Commonwealth  of  England  Doe  Authorise  and  appoynte  the  neighbours  and  Inhabitants  of  the 
Towne  and  Burgh  of  Elgin  accordinge  to  their  former  Rites  and  customes  from  tyme  to  tyme  to 
Nominate  and  choose  theire  Magistrates  and  officers  for  the  goverment  of  the  said  Towne  and 
Burgh  and  Liberties  theireof  till  further  order  which  Magistrates  and  officers  from  tyme  to  tyme 
chosen  by  them  arc  heerby  constituted  in  the  severall  and  respective  offices  and  are  authorised 
to  proceed  in  the  execution  of  theire  severall  trusts  and  places  and  in  the  execution  of  the 
government  within  the  said  Towne  and  Burgh  and  Liberties  theireof  according  as  hath  bin 
vsuall  and  accustomed  Provided  that  in  all  cases  where  formerly  the  name  or  stile  of  Kinge  hath 
bin  vsed  in  the  exct'rcise  of  the  aforesaid  goverment  of  the  said  Burgh  the  name  of  the  Keepers 
of  the  Liberty  of  England  by  Authority  of  Parliament  be  inserted  and  vsed  instead  thereof 
And  that  the  persons  from  tyine  to  tyme  elected  and  chosen  as  aforesaid  shall  not  exceed  to  the 
excercise  of  the  said  respectiue  offices  and  places  vntill  this  oath  ensueinge  be  administred  vnto 
them  by  such  as  wee  shall  appoynte  to  administer  the  same  expressinge  at  the  Administration  of 
the  said  oath  to  the  said  respective  officers  the  name  of  the  respective  offices  they  are  chosen  vnto 

THE  OATH. 

You  shall  sweare  that  you  shall  be  true  and  faithful!  to  the  Commonwealth  of  England  as  it 
is  now  established  without  a  Kinge  or  howse  of  Lords  you  shall  well  and  truly  execute  the  office 
of  [blank]  within  the  Towne  and  Burgh  of  Elgin  and  the  Liberties  thereof  according  to  the  best 
of  your  skill,  knowledge  and  power  :  soe  help  you  God. 

And  alsoe  that  the  oath  heervnder  written  shall  be  administred  to  every  Burgesse  or  freeman 
of  the  said  Towne  and  Burgh  at  the  tyme  of  his  Admission  .  .  Officeis  as  the  Oath  to 
Burgesses  and  freemen  of  the  said  Burgh  hath  bin  heretofore  usually  administred  (that  is  to  say) 

You  shall  sweare  that  you  shall  be  true  and  faithful)  to  the  Commonwealth  of  England  as  it 
is  now  established  without  a  Kinge  or  Howse  of  Lords  And  in  order  therevnto  you  shall  be 
obedient  to  the  iust  and  good  goverment  of  this  Towne  and  Burgh  of  Elgin  You  shall  to  the  best 
of  your  power  mayntayne  and  preserve  the  peace  and  all  the  due  franchises  thereof  And  accord- 
ing to  your  knowledge  and  ability  doe  and  performe  all  such  other  acts  and  thinges  as  doe 
belonge  to  a  Burgesse  or  freeman  of  the  said  Towne :  Soe  help  you  God  : 

And  wee  doe  Heerby  declare  that  wee  expect  in  such  elections  to  be  made  as  aforesaid  due 
care  be  taken  that  all  persons  chosen  be  men  of  Integrity  and  good  Affection  to  the  peace  and 
welfare  of  this  Island  and  otherwise  fitly  qualified  for  theire  Trust. 

And  lastly  wee  doe  appoynte  that  aswell  the  Electors  as  the  persons  elected  doe  first 
subscribe  the  ensueinge  declaration  beinge  the  effect  of  what  the  Deputy  of  the  said  Burgh  hath 
in  theire  name  and  on  theire  behalfe  subscribed  (That  is  to  say) 

Wee  doe  each  of  vs  for  himselfe  declare  our  willinge  and  free  Acceptance  of  and  Consent 
vnto  the  Tender  made  by  the  Parliament  of  the  Commonwealth  of  England  that  Scotland  be 
incorporated  into  and  made  one  Commonwealth  with  England  that  thereby  the  same  goverment 
that  is  established  in  England  without  a  Kinge  or  Howse  of  Lords  vnder  the  free  State  and 
Commonwealth  of  England  may  be  derived  vnto  the  people  of  Scotland  And  wee  promise  that 
wee  will  live  peaceably  vnder  and  yeild  obedience  vnto  the  Authority  of  the  Parliament  of  the 
Commonwealth  of  England  exercised  in  Scotland. 

PROVIDED  that  the  first  election  to  be  made  in  pursuance  heereof  be  within  forty  dayes 
after  the  date  heereof  Given  vnder  our  hands  at  Dalkeith  the  Thirteenth  day  of  March  In  the 
yeare  of  our  Lord  one  Thousand  six  hundred  ffifty  and  one.  Rl.  DEANE. 

H.  ST.  JOHN. 
R.  GAIAVEY. 
(Original  in  the  Gadget.)  ROBERT  .     .     . 


1652.]  TOWN   COUNCIL  MINUTES. 

Colonell  Thomas  Fitch  to  see  the  electione  and  giue  the  oath  whilkis 
order  the  clerkis  hes.  John  Chalmer,  thesaurer,  is  appoynted  to  goe  to 
Innernes  to  Colonell  Fitche  with  the  order  direct  to  the  toune  from  the 
Englishes  comissionars.* 

April  7th. — Electione  of  Magistrates.  The  Counsell  convened  for 
obedience  of  the  order  directit  from  the  comissionars  of  the  parliament 
of  the  commone  wealth  of  England  for  electing  of  the  magistrates  and 
officiaris  in  the  said  burghe  to  governe  till  Michaelmes  next  and  the  old 
counsell  chused  the  new  as  followes,  of  the  old  counsel!,  Robert  Hardye 
and  Jon.  Andersone  remoued,  and  in  their  places  Jon.  Dunbar  and  Mr. 
William  Cobane  elected,  which  the  whole  commones  approued  by  the 
mouth  of  Alexander  Gibsone,  chosen  spokisman  by  them.  Mr.  John 
Douglas  chosin  provest  by  the  counsell  and  whole  comones. 

April  1 2th. — Cess.  The  counsell  appoyntis  Moonday  nixt,  the  19 
mstantis,  to  meett  at  5  hours  in  the  morning  for  takcing  compt  of  the 
collectors  of  the  manteinance  and  cess.  Mr.  John  Douglas,  prouest, 
delyvered  to  the  clerk  the  protectione  givin  be  the  comissioners  of  the 
comone  wealth  of  England  to  the  toune  of  Elgin.  Colonell  Fitch  gaue 
the  oath  to  the  magistrates  and  counsell  and  caused  subscryve  the 
declaratione. 

April  26th. — Cleane  streetis.  There  is  ane  intimatione  appoynted  to 
be  published  be  the  bell  that  where  any  dunghills  are  on  the  streettis 
and  gittes  not  red  that  they  shall  be  remoued  and  dight  once  before 
Saturday  at  nicht  nixt,  wtherwayes  to  be  punished  at  the  Magistrates 
pleasur  and  the  dung  to  be  taken  away  by  any  haueing  pouer  of  the 
magistrates  without  payment. 

Ale  and  beir.  Each  baillie  with  his  officer  is  ordained  to  goe  throughe 
his  quarter  and  speake  the  brewers  anent  the  pryces  of  their  ale  and  beir. 

May  1 3th. — Burgessis.  Alexander  Stronach  [and  11  others]  to  be 
received  as  freemen  on  payment  of  certain  sums. 

The  Counsell  appoynted  to  meett  on  Saturday  nixt  to  sett  downe 
order  for  casting  of  Tyock  and  after  the  counsell  disolues  to  visite  the 
highe  wayes  at  the  west  porte  [12  men  appointed  for  reding  of  Tyock]. 

May  27th. — Tyock.  The  morne  be  sex  houris  in  the  morning  is 
appoynted  to  visite  Tyock. 

*Cf.  "Protection  for  the  Burgh  of  Aberdeen,"  p.  129;  "Extracts  from  Records  of  the 
Burgh  of  Aberdeen"  (Scottish  Burgh  Record  Society). 


294  RECORDS  OF  ELGIN.  [1652. 

June  7th. — The  provest  presented  ane  letter  from  the  provest  and 
baillies  of  Edinburgh  with  the  dowble  of  the  letter  from  the  Conservator 
at  Campheir  anent  the  sending  of  ane  commissioner  to  Edinburgh 
againe  the  thretein  of  August  nixt. 

Borrcnv  Missive,  1630.  Mr.  John  Hay  delyverit  the  missive  from 
the  Borrowes,  daited  the  tuentie  of  Marche,  1650,  with  the  indentor 
betuix  the  toune  and  Mr.  George  Cuming,  master  of  the  Gramour 
schoole. 

Aldroc/itie.  Monday  nixt  is  appoynted  to  goe  to  the  commontie 
besyde  Aldrochtie  for  making  civile  interuptione  anent  the  casting  of 
peatis. 

Act  —  Milne  and  Naughtie.  James  Milne  and  David  Naughtie, 
milleris  at  the  Bishop  Milne,  renunceand  their  owne  jurisdictione  in 
that  part  and  submittand  them  selfis  to  the  toune  of  Elgin  are  become 
willingiie  acted  as  caur.  ilk  ane  for  vtheris  that  nether  of  them  shall  cast 
pcattis  within  the  mose  of  Mostowie  nor  any  vther  comon  moss  within 
the  liberties  of  the  burgh  of  Elgin. 

June  28th.  —  Meirches  visited.  The  fyfteen  day  of  Julij  nixt  is 
appoynted  to  visite  the  marches  at  the  west  and  eist. 

July  5th. — Mosto'cvie.  John  Raitt  [and  two  others]  vnlawed  for 
selling  of  firr  from  Mostowie  to  strangers. 

July  ipth. — Ckalmer,  thesaurer,  his  comptis  fitted.  Jon.  Chalmer,  late 
thesaurer,  haveing  fitted  his  comptis  delyvered  to  Alexander  Petrie, 
pnt  thesaurer,  three  score  aught  pundis  ten  pennyes  mony  with  sevin 
pundis  sevin  s.  of  light  siluer  and  ill  siluer  whairof  ane  evill  croce  doller 
and  ane  evill  sixpence. 

July  26th. — Measures  and  Weights.  It  is  appoynted  that  immediatlie 
after  the  harvest  the  whole  measures  and  weightes  be  visited  in  this  toune. 

October  4th. — Leslie.  Anent  the  suplicatione  given  in  be  Andrew 
Leslie  for  infefting  him  as  air  to  his  father  in  umq11.  Helen  Leslies  land 
in  respect  of  the  loss  of  his  fathers  infeftmentis  by  the  late  trowbles  the 
counsell  granted  the  same  to  be  done  and  new  infeftment  to  be  drawin 
up  thereupon. 

Postmaster  for  horse.  It  is  condiscended  that  their  be  ane  postmaster 
within  the  toune  for  furnishing  horses  vpon  desyre  who  shall  haue  a  roll 
and  the  clerk  ane  vther  and  the  postmaster  to  haue  tuelf  pennyes  of  the 
pund  for  his  paines. 


1653-]  TOWN   COUNCIL  MINUTES.  295 

November  29th. —  Tounes  Court  changed.  In  respect  the  Shereffe 
courtis  held  on  Wednesday  weeklie  the  Counsell  hes  appoynted  Tuesday 
weeklie  for  the  tounes  courts. 

1653- 

May  2nd. — It  is  ordained  that  the  Frydayes  mercat  shall  not  begin 
vntill  eight  hours  in  the  morning  and  that  no  commodities  be  sold  before 
that  tyme.* 

The  two  companies  of  Colonell  Ashfeild's  regiment  commanded  be 
Cap.  Johnes  and  Cap.  Davies  went  from  Elgin  the  13  of  Junij  instant. 

June  2Oth. —  Old  Milne  sheepe.  The  counsell  ordained  the  officiars  to 
advertise  the  inhabitants  of  the  Old  Mylnes  and  these  within  the  toune 
that  haue  sheep  to  remoue  them  from  eating  the  tounes  cornes  in  the 
west  feildis  before  the  last  of  this  instant  vtherwayes  to  be  punished  at 
the  Counsells  pleasure. 

June  27th. — The  Counsell  ordained  the  thesaurer  to  give  Daniell  Hay 
ten  merks  for  a  parte  of  his  fie  for  keeping  the  aughtcn  parts  and  tuentie 
four  shillings  for  setting  the  stones  at  the  Palmer  fuird. 

July  nth. — Hooks.  It  is  ordained  that  a  bank  be  published  dis- 
charging all  the  hookis  that  vses  to  fie  without  the  toune  be  inhibited  to 
goe  out  of  the  toune  vnder  the  paine  of  the  hyrc  gained  and  any  that 
receiue  them  to  their  houses  after  harvest  to  pay  ten  lib. 

July  25th. —  Watson,  butchers  fyne.  Alexander  Watson,  butcher,  is 
ordained  to  pay  tuentie  merkis  for  breaking  of  Isabell  Murraye's  finger, 
the  one  half  to  the  toune  and  the  vther  half  to  the  partie. 

August  1st. —  The  church  of  Duffus  @,rent.  The  Counsell  appointed 
the  thesaurer  to  prowyde  the  @rent  of  the  thousand  punds  restand  to 
the  church  of  Duffus  and  haue  it  in  reidines  and  to  remember  for  what 
cause  it  wes  borrowed  and  how  it  wes  disposed  of. 

October  3rd. — Order  for  continuing  of  the  Magistrals.  The  provest 
presented  ane  order  from  Colonell  Lilburne  for  continuing  of  the  whoie 
officiars  within  this  burgh  that  are  presentlie  in  office  vntill  new  order.f 

*Cf.  p.  164,  Scottish  Burgh  Records  Society  :— Aberdeen,  8th  October,  1656.  "The 
Counsell  ordaines  that  no  persone  or  persones  presume  nor  tack  vpon  hand  to  mack  mercat 
vpone  malt,  meill,  shoes,  timber,  fleshes,  wooll,  or  anie  wther  commoditie  brought  to  the  mercat 
to  be  sold  befor  aucht  hours  in  the  morneing  in  simmer  and  nyne  houres  in  winter." 

tCf.  p.  137,  Scottish  Burgh  Records  Society : — Aberdeen,  28th  September,  1653. 


296  RECORDS  OF  ELGIN.  [1654. 

October  3ist — Nicolsone,  meassone.  George  Nicolsone  to  haue  fyue 
punds  money  for  mending  the  Bridge  of  Lossie. 

November  I4th.— Falconeris  entrie  to  Monbeins.  Johne  Falconer, 
warden  of  the  mint,  presented  a  supplicatione  for  his  entrie  to  Over 
Monbeins  which  was  granted  for  payment  of  fourtie  pundis  to  the 
thesaurer  with  the  bygone  few  duties. 

1654. 

January  pth. — Col.  Lilb.  order  for  coale  and  candle  to  Knockandie. 
Delyvered  to  Johne  Hay  of  Knockandie  Colonell  Lilburnes  order  for 
coale  and  candle  for  the  moneth  of  May  vnder  his  subscriptione  manuale. 

February  27th. — Money  giuen  to  the  Governour  of  Burgle.  It  wes 
condeiscendit  that  the  governor  of  Burgie  should  haue  fourtie  schilling 
sterling  from  the  toune  as  he  wes  getting  from  the  gentrie  to  buy  him 
ane  horse. 

March  2Oth. — A  Letter  to  Lilburne.  It  is  concludit  a  letter  be  sent 
to  Colonell  Lilburne  anent  the  tounes  sufferings  thir  sex  monethis 
bygone. 

James  Milne,  maltman,  is  vnlawed  in  ten  pund  for  blood  giving  to 
Agnes  Chalmer,  spouse  to  James  Chalmer,  maltman. 

March  27th. — Anent poore  inhabitants.  There  is  a  bank  to  be  published 
with  the  bell  that  no  heritour  within  the  toune  sett  houses  to  any  after 
Witsonday  next  or  suffer  them  to  byde  in  the  houses  they  haue  of  them 
after  the  said  terme  vnles  they  shew  them  selues  to  be  able  to  Hue 
without  prejudice  to  their  nighbours  vthervyes  the  heritour  to  pay  the 
triple  of  the  meall  to  the  toune  and  refound  the  nighbouris  skayth. 

April  loth. — Act  anent  playing  bowles  and  bullets  at  the  portes.  It  is 
ordained  a  bank  to  be  beattin  anent  the  playing  of  boulls  or  bullets  that 
none  cast  either  of  them  at  the  east  porte  bewest  the  sub-chantor's  wynd 
and  at  the  west  porte  be  east  Thomas  Andersone's  house. 

May  1 5th. — Mr.  Will.  Cobane,  postmaster.  Mr.  William  Cobane  is 
appoynted  to  be  postmaster  for  furnishing  horses  who  shall  be  free  of  his 
cess  and  haue  his  own  horse  free  with  tuelf  pennyes  of  ilk  pund  due  for 
his  hyre  whither  payd  or  not  payed  and  if  not  payed  to  be  payed  be  the 
thesaurer  and  the  horse  to  be  furnished  circularlie  begining  at  the  south 
east. 


I655-]  TOWN   COUNCIL  MINUTES.  297 

May  22nd. — Sir  Rob.  Gordone.  Sir  Robert  Gordone  of  Gordonstoune 
haveing  petitioned  the  counsell  for  the  buyeing  of  ane  hundreth  lead  of 
peattis  out  of  Mostowie  this  yeare  the  counsel  granted  his  desyre. 

July  27th. —  Vnlaw  Adame.  The  bretheren  of  Gild  complein  against 
Andrew  Adame,  merchand  burges  of  Aberdeine,  for  selling  staple  goods 
to  vnfremen  within  their  liberties.  He  is  amerciat  in  ane  hundreth  punds 
Scotts  and  he  ordained  to  remayne  in  waird  vntill  payment.  He  sold 
tuo  bunnes  of  lint  to  Francis  Ross  wyfe  and  tuo  gaddes  of  iron  to 
Gilbert  Schand  in  Germoch  and  20  gades  of  iron  to  the  Erie  of  Finlater 
and  the  laird  of  Innes  14  or  15  gades  or  thairby. 

August  28th. — Mr.  John  Hayes  report.  Mr.  John  Hay  made  his 
reporte  from  Innernes  declairing  that  there  behoued  to  make  choise  of 
fyue  or  sex  young  men  who  haue  not  bein  accessorie  to  any  ingagment 
against  the  parliament  should  be  direct  to  Innernes  to  keep  the  fyft  of 
September  next 

August  3<Dth. — Hay  and  Chalmer  and  vtheris  appoynted  to  goe  to 
Innernes.  Mr.  Johne  Hay  and  Johne  Chalmer,  baillie,  appoynted  to 
goe  to  Innernes  the  fyft  of  September  nixt  with  William  Cuming, 
Robert  Falconer  and  Allexr.  Urquhart  younger,  as  nominat  to  the  effect 
abouewrittin. 

October  pth. — Order  from  Col.  Fitche.  Mr.  Johne  Hay,  provest, 
presented  to  the  counsell  tuo  orders  from  Colonell  Fitch  ane  concerning 
coale  and  candle  to  the  foott  sojors  now  at  Elgin  and  ane  vther  for  the 
furnishing  of  the  bedding  to  the  horses  from  their  land  lords. 

November  3Oth. —  Order  from  the  Englishes  commander.  Ane  order 
vnder  the  hands  of  Robert  Overtoune,  Thomas  and  Lieut.  Colonell  Blunt 
anent  the  suppressing  of'associats  of  Lieut.  Generall  Midiltoune  wes 
published  at  the  mercat  croce  of  Elgin. 


I655- 

April  25th. — Bedding.  The  copie  of  the  tounes  reccptes  of  bedding 
out  of  Dunfermlings  house  delyvered  be  John  Chalmer  to  the  clerk. 

Isobell  and  Janet  Meluills.  Anent  the  complaint  made  by  the  fischall 
against  Isobell  and  Janet  Melvills  for  the  alleged  stealling  and  concealling 
of  fourtein  shillinges  Starling  from  William  Hayhe,  ane  Englishman,  for 

O  I 


298  RECORDS  OF  ELGIN.  [1656. 

qlk  they  were  araigned  before  the  court  and  although  absolued  from  the 
siluer  yet  being  fund  guiltie  of  stealling  and  concealling  some  vther 
commodities  they  were  amerciat  in  ten  s.  sex  d.  starling  fund  in  their 
possessione  qlk  wes  ordained  to  be  givin  to  the  said  William  Hayhe  and 
they  ordained  to  be  banished  in  case  of  the  lyke. 

May  2nd. — Recept  for  contributione  to  Glasgow.  Delyvered  to  Walter 
Hay,  present  thesaurer,  Mr.  John  Douglas  his  grant  of  recept  of  ane 
hundreth  tuentie  sevin  pund  eight  shillingis  Scotts  for  the  contributione 
to  the  citie  of  Glasgow. 

October  8th. — Anent  the  excyse  money  borrowed.  Ane  hundreth  merks 
borrowed  fra  Jon.  Chalmer,  kirk  thesaurer,  vpone  band  for  Robert 
Dunbar  his  charges  goeing  south  anent  the  excyse  to  be  payed  the  first 
of  November  nixt. 

October  22nd. — Dunghills  to  be  removed.  A  bank  is  ordained  to  be 
published  with  the  bell  for  taking  away  dunghills  of  the  high  streetts 
betuix  this  and  the  4  of  November  vnder  the  paine  of  4  lib.  and  also  to 
inhibite  all  brewaris  to  sell  any  draff  out  of  the  toune. 

November  I2th. — Anent  secrecie  amongst  the  Counsell.  It  is  enacted 
that  who  so  ever  shall  be  fund  guiltie  of  revealing  any  thing  concluded 
in  counsell  that  they  are  desyred  to  keep  close  they  shall  immediatlie 
thairefter  be  removed  off  the  Counsell  and  never  be  returned  againe. 


1656. 

February  23rd. — Anent  moss  besouth  Tayock.  Because  the  commontie 
of  the  moss  besouth  Tyock  is  spoiled  it  is  ordained  none  cast  thairin  bot 
for  thair  awin  vse  allenarlie  and  for  that  effect  David  Brodie  is  ordained 
to  gett  their  names  and  that  they  may  be  advertised  accordinglie. 

Anent  the  calsay.  The  counsell  finds  it  necessar  the  calsay  should 
be  bigged  and  that  some  speedie  course  be  takin  for  finding  a  craftisman 
and  for  that  effect  Thomas  Calder  is  ordained  to  speake  one  Johne  Dick 
in  Plewlandis. 

April  2ist. — Keeping  of  Comes.  It  is  ordained  that  a  bank  be  beatt 
for  keeping  the  comes  in  the  crofts  and  greiship  lands  from  the  date 
heirof  that  it  shall  be  leisume  to  the  owners  of  the  cornes  or  thair 
servands  to  take  the  beasts  and  keep  them  vntill  ilk  ane  shall  pay  sex 


1656.]  TOWN   COUNCIL  MINUTES.  299 

shillings  Scotts  and  if  they  be  keeped  attour  48  houris  the  owner  of  the 
beast  shall  have  no  reparatione  in  case  they  incurre  danger  and  the  sex 
shillings  to  be  payed. 

May  1 2th. —  Tailours.  It  is  ordained  that  no  vnfreeman  tailyour 
should  keep  a  prentise  after  the  last  of  Junij  nixt  and  that  they  and  ilk 
ane  of  them  as  they  should  be  required  should  come  and  serve  freemen 
in  thair  trade  vpone  the  freemens  chairges  when  so  euer  they  should  be 
required  for  that  effect. 

May  1 3th. — Measure.  Thomas  Calder  is  ordained  to  bring  to  the 
Counsell  on  Monday  nixt  the  just  measure-  of  Lithgow  mett  and  the 
Clerk  to  bring  the  act  of  Parliament  thairanent. 

May  iQth. — Measures  and  Weights  to  be  visited.  The  Deane  of  Gild 
is  ordained  to  visite  the  firlots  for  all  graines,  the  stone  weight  and  vther 
weights  of  that  sorte  the  elne  wand  and  the  stopes  and  to  reporte. 

May  27th. —  Wreittis  takin  out  of  the  cadgett.  The  Counsell  haueing 
mett  at  the  clerk's  chamber  where  the  cadgett  lyes  they  did  take  out 
thairof  ane  instrument  of  perambulatione  anent  the  marches  of  the 
toune  and  with  Linkwood.  Item  ane  old  charter  printed  be  K :  James 
in  anno  1457. 

June  2nd. — Concerning  Mostowie.  William  Patersone,  messenger,  is 
appoynted  to  be  spokin  to  goe  to  Mostowie  and  arrest  the  whole  peatts 
and  make  intimatione  thairof  to  the  owners. 

Anent  the  tolbooth.  The  thesaurer  is  ordained  to  buy  ane  hundreth 
sklates  and  sex  boll  of  lyme  for  the  tolbooth. 

June  7th. — Anent  Mr.  David  Philps  money  to  the  hospitall.  Anent 
the  supplicatione  givin  in  be  Thomas  Warrand,  clerk  of  Forres,  executor 
to  the  deceased  Christine  Kare,  for  fourtie  punds  money  left  be  Mr. 
Dauid  Philp,  her  husband,  to  the  hospitall  of  Elgin  whilk  wes  be  ane 
decreit  extend  to  1 10  lib.  8s.  the  Counsell  are  contented  to  take  four- 
score punds  presentlie,  vtherwayes  to  expect  no  favour. 

Anent  swyne.  To  publish  ane  order  anent  suyne  that  none  keep 
them  within  this  burghe  vnder  the  paine  of  10  libs.  Scotts  and  the  suyne 
to  Alexander  Rynness  to  be  disposed  of  at  his  pleasure  betuix  this  and 
Wednesday  nixt  at  12  hours.* 

*  Cf.  "  Act  anent  the  Swyne,"  gth  August,  1654 ;  p.  143,  "  Extracts  from  the  Records  of 
the  Burgh  of  Aberdeen";  also  p.  319,  do.  (3Oth  September,  1696).  Being  "ane  unseemelie 
kynd  of  beast,"  and  for  other  reasons  they  were  ordered  to  be  removed  a  quarter  of  a  mile  from 
the  town.' 


300  RECORDS  OF  ELGIN.  [l657- 

June  gth. —  Townes  band  to  the  kirk  of  Duffus.  The  tounes  band  to 
the  kirk  of  Duffus  delyvered  be  the  thesaurer  and  cancelled. 

June  i8th. — Anent  Mostowie.  It  is  appoynted  to  meett  with  the 
Lord  Duffus  the  L :  Brodie  and  Collonell  Rol.  Innes  anent  the  con- 
traversie  with  them  concerning  the  moss  of  Mostowie. 

June  3Oth. — Constables.  The  Counsel!  did  nominal  two  constables 
for  ilk  ane  of  the  four  quarters. 

July  28th. — Armes  to  be  brought  in.  It  is  ordained  that  howsoone 
the  prouest  comes  home  that  a  bank  be  beatt  anent  the  inbringing 
armes  vpone  Wedinsday  nixt  be  eight  hours  in  the  morning. 

August  4th. — St.  Geiles  mercat.  It  is  thought  fitt  that  St.  Geills 
mercat  be  published  at  Forres  and  Innernes  to  be  the  week  hefore  the 
ordinare  day. 

August  nth. — Officers  to  weare  halberts.  Walter  Hay  delyvered  to 
the  clerk  the  warrand  to  the  officer  to  wear  halberts. 

September  22nd.— Robert  Donaldsone  continued  postmaster. 

September  29th. — Dunghills — Measures.  The  dunghills  to  be  clensed 
off  the  streetts.  The  measures  viz.  the  firlot  and  peck  and  vthers  to  be 
visited  and  rectified  where  need  is. 

November  3rd. — Layng.  Andrew  Layng,  cordiner,  is  reponed  to  his 
burgeship  and  the  clerk  ordained  to  extract  his  burges  bil  vt  primo. 


I657- 

January  3ist. —  Wintners.  Hallowmes,  1652,  to  Hallowmes,  1656: 
Margrat  Hamiltone  vented  5  punschons  of  french  wine  and  anc  pyp  of 
seek.  Elspet  Urquhart — 6J  pun.  of  french  wine.  Marjorie  Layng — 
2  tun  french  wine  and  I  pyp  seek.  Margaret  Syme — 8  pun.  of  french 
wine  and  2  pypes  of  seek  and  ane  pyp  of  tent.  Robert  Dunbar — 10  pun. 
french  wine  and  2  pypes  of  seek. 

March  gth. — Alex*.  Hay  his  compt.  The  said  day  compted  with 
Alcxr.  Hay,  merchand,  anent  the  furnishing  of  ane  feather  bed,  bolster, 
tua  pair  of  plaids  and  a  covering  to  the  garisone  at  Dumfermling  House 
in  Elgin. 

March  3ist. — Money  not  pasguilt.  The  officers  are  ordained  to  goe 
throw  the  toune  to  advertise  the  inhabitants  not  to  receive  this  newe 


I6S7-]  TOWN   COUNCIL  MINUTES.  3OI 

brought  in  base  couper  coyne  haueing  the  floure  de  lucce  thairon,  and 
to  speak  the  Lieutennants  to  horse  and  foot  theranent. 

May  nth. — The  deane  of  Gild  made  his  report  anent  the  expenses  of 
the  Commissionare  at  the  Parliament  in  Londoune  betuix  the  first  of 
September,  1656,  and  the  last  of  Maij,  1657,  and  the  totale  on  the 
borrowes  benorth  Spey  being  819  lib.  .the  toune  of  Elgins  part  being 
150  lib.  1 6s.  6d. 

April  1 3th. — Anent  the  shoemakers.  Anent  the  supplicatione  given 
in  be  the  shoemakers  burgesses  and  freemen  of  this  burghe  against  the 
vnfreemen  within  the  same  and  in  the  country  frequenting  the  weeklie 
mercats  within  this  burghe  for  the  vsurping  a  libertie  and  frecdome  in 
that  trade  as  if  they  were  freemen  that  is  in  buying  and  barking  of  roch 
hydes  and  in  keeping  of  prentises  and  servands  in  thair  trade  and  also  in 
taking  vp  of  shopes  within  the  burghe.  The  Counsel!  enact  that  no 
vnfreemen  living  without  the  burghe  shall  be  licenced  to  buy  any  roch 
hydes  after  tuo  acloak  in  the  afternoone  on  the  weeklie  mercat  dayes 
without  prejudice  alwayes  to  the  vnfreemen  within  burgh  and  that  no 
vnfreemen  either  within  or  without  the  same  shall  keep  cither  prentise  or 
seruand  of  that  trade  and  it  shall  not  be  leisum  to  any  vnfreeman  to 
keep  any  oppin  shop  without  the  counsell's  libertie  and  as  for  the 
visiteing  of  the  mercats  anent  the  sufficicncie  of  work  they  appoynt 
Andrew  Kay,  elder,  and  William  Wilsone,  burgesses  and  freemen  of  the 
trade  to  goe  alwayis  with  the  Deane  of  Gild  euerie  weeklie  mercat  day 
and  vther  fair  dayes  when  it  is  nccessar  for  visiteing  of  the  shoe  mercat. 
to  try  the  sufficiencie  or  vnsufficiencic  of  the  made  work  and  barked 
leather  to  the  effect  that  where  there  is  a  fault  the  dilinquent  may  be 
punished  at  the  discretione  of  the  Deane  of  Gild  and  his  Counsel!. 

May  25th. — Sogers.  A  bank  to  be  published  with  the  bell  that  those 
who  have  troupes  shall  keep  their  chambers  and  stables  for  their  vse 
allanerlie  and  that  they  dispose  no  vtherwayes  on  them. 

Gate  from  the  schoole  to  the  Moss.  It  is  ordained  that  all  the 
inhabitantis  within  this  burgh  that  mak  vse  of  the  moss  wynd  with  horse 
and  kearts  that  they  vpone  desyre  shall  come  and  bring  sand  and  vther 
necessars  for  mending  the  faults  thairin  and  if  they  refuse  being  required 
to  be  fyned  in  2O  s.  Scotts. 

September  7th. — Grigor,  burges.  George  Grigor,  second  laufull  sone 
to  John  Grigor,  armorer,  burges  of  Elgin,  vpone  his  supplicatione 


302  RECORDS  OF   ELGIN.  [l6S7- 

declareing  his  trade  to  be  altogidder  now  usless  to  him  and  that  he 
most  contrive  some  vther  honest  trade  is  receiued  freeman  and  brother 
of  gild  of  this  burgh  for  payment  of  ten  punds  Scotts. 

September  29th. — Entrie  to  the  gildrie.  The  Counsell  hes  ordained 
that  in  all  tymes  cuming  whosoever  shall  be  receiued  burges  and  freeman 
of  the  burghe  and  brother  of  gild  of  the  same  shall  pay  ten  merks  money 
to  the  thesaurer  of  the  gildrie  attour  the  pryce  of  his  freedome  to  the 
toune. 

October  5th. — Articles  anent  Deaconrie.  Articles  of  condiscendance 
betuix  the  magistrats  and  counsell  of  Elgin  and  the  crafts  of  the  said 
burgh  anent  deaconrie  to  be  therein  but  prejudice  alwayes  of  the  former 
priviledges  and  liberties  of  the  said  burgh. 

In  the  first  it  is  condiscended  and  agreed  that  each  destinct  craft 
within  the  said  burgh  whereof  their  is  sevin  burgesses  and  freemen  of 
the  same  (to  make  a  compleit  counsell)  shall  have  a  deaconri.  Secondlie 
that  the  deacone  to  be  chosen  yeirlie  for  each  craft  shall  be  litted  be  the 
counsell  of  the  craft  being  tu  or  three  on  the  littes  and  chosen  be  the 
magistrats  and  counsell  of  the  burgh  who  shall  be  suorne  to  be  loyall  to 
ther  magistrats  and  counsell  and  faithfull  to  their  craft.  Thirdlie  as  for 
the  deacone  conveiner  he  is  to  be  chosen  yeirlie  hereafter  be  the 
magistrats  and  counsell  of  the  burgh  out  of  the  number  of  the  respective 
deacones.  Fourtlie  and  ilk  deacone  to  haue  sex  freemen  to  be  ane 
counsell  to  him  and  he  with  consent  of  his  counsell  to  receiue  non  to  be 
freemen  in  their  craft  but  those  that  be  the  ssay  sheus  themselues  able  to 
be  qualified  thairin  being  alwayes  first  burgesses.  Fyftlie  each  deacone 
and  his  counsell  hes  libertie  to  fynne  all  faults  relateing  to  his  craft  and 
if  imprisonement  be  desired  of  the  faulter  the  reasone  being  cleired  to 
the  magistrat  that  he  deserves  so,  the  magistral  giues  order  to  doe  the 
same  and  in  caise  any  partie  fynned  be  the  deacone  and  his  counsell 
shall  find  him  wronged  in  that  case  he  is  to  haue  recourse  to  the  deacon 
conveiner  and  his  counsell  and  in  case  of  non-satisfactione  from  them  to 
have  his  recourse  to  the  counsell  of  the  burgh  and  that  each  deacone 
have  all  the  prentises  and  servands  of  his  craft  presented  to  him  and 
booked  before  he  enter  to  his  craft.  Sextlie  as  for  the  prycess  of  the 
entrie  of  freeman  to  the  craft  or  booking  of  prentises  and  servands  to  be 
agreed  vpone  be  the  deacone  conveiner  and  the  deacones  and  thereafter 
to  be  approuen  be  the  counsell  of  the  said  burgh.  Sevintlie  as  for  the 


I657-]  TOWN   COUNCIL  MINUTES.  303 

fynnes  and  entres  aboue-specifiet  to  be  collected  and  keept  be  each 
deacone  or  boxmaster  of  the  craft  he  is  to  be  comptable  to  the  counsell 
of  the  craft  and  deacone  conveiner  and  these  accompts  to  be  presented 
to  the  counsell  of  the  burgh  once  in  the  yeir  when  they  are  called  that 
they  may  know  how  they  haue  bein  disposed  of  for  the  good  of  the  craft. 
Eightlie  as  for  the  last  article  it  is  agreed  that  no  craft  incroach  vpone 
anothers  libertie  and  as  for  the  selling  of  boots  and  shoes  be  merchands 
it  is  condescended  that  the  merchands  injoy  their  wonted  libertie  in 
selling  the  same  vntill  it  be  declared  what  is  the  fredome  of  the 
merchands  in  selling  boots  and  shoes  in  the  burghs  of  St.  Jonstoune, 
Dundie  and  Aberdeine  or  any  tuo  of  them.  As  for  selling  of  sadler 
grath  and  lorimer  worke  the  merchands  to  haue  their  wonted  libertie. 
This  agreed  on  vpone  the  fyft  day  of  October,  1657  yeirs,  and  is 
ordained  to  be  put  in  ample  forme  which  is  subscribed  be  the  provost, 
baillies  and  counsell  and  als  be  the  deacone  conveiner  and  respectiue 
deacones  presentlie  nominat  and  chosen  in  name  of  their  respectiue 
crafts  for  them  and  their  successors.  Subscry  ved  thus :  M.  J.  Douglas, 
prouest,  George  Cuming,  baillie,  T.  Calder,  baillie,  W.  Hay,  baillie, 
Robert  Dunbar  ane  of  the  counsell 
Mr.  W.  Cobane  M 

J.  Dunbar  n 

A.  Lesley  n 

J.  Chalmer  n 

Alexr.  Petrie  n 

Dauid  Brodie  n 

Jo.   Ogilvie,    deacon    conveiner,   Walter    Gilzeane, 

deacone  of  the  Hammermen,  Johne  Chalmer,  deacone  of  the  glouers, 
Thomas  Ogilvie,  deacone  of  the  Tailyors,  Andrew  Key,  deacone  of  the 
shoemakers,  Thomas  Cock,  deacone  of  the  weavers,  and  John  Thomsone, 
deacone  of  the  butchers,  with  our  hands  at  the  pen  led  be  Alexr.  Hay, 
nor.,  at  our  command  speciallie  required  hereto  because  wee  cannot  write 
our  selves.  A.  Hay  no3,  attestes  James  Dick,  deacone  of  the  wrights  and 
measones. 

October  igth. — James  Tailyour.  James  Tailyour  having  married  the 
daughter  of  the  deceased  James  Pringill,  eldest  son  to  the  deceased 
Alexander  Pringill,  sumty'm  provest  of  Elgin,  is  to  be  received  burges 
and  freman  and  brother  of  gild  for  payment  of  ten  merks  to  the 
thesaurer  of  the  gildrie  and  tuentie  punds  to  the  toune  thesaurer. 


304  RECORDS  OF   ELGIN.  [1658. 

October  26tfn.—Firlots  to  be  sealled.  The  measures  of  the  firlots  of 
barley  and  meall  and  pecks  conforme  presented  this  day  be  the  Deane  of 
Gild  are  ordained  to  be  sealled  accordinglie  viz.  the  Barley  firlot  threttie 
tuo  poynts,  the  barley  peck  eight  poynts  and  the  half  peck  is  conforme. 

November  23rd. —  The  keys  of  the  tolbooth  givin  to  Rot.  Donaldsone. 
Robert  Donaldsone  accepted  the  keeping  of  the  keys  of  the  tolbooth 
in  the  night  tyme  viz.  in  the  winter  at  5  accloak  at  ewin  till  eight  in  the 
morning  and  in  summer  from  eight  accloak  at  night  till  seven  hours  in 
the  morning. 

1658. 

February  I5th. — Conveined  in  Counsell  Mr.  Jon.  Douglas,  prouest, 
George  Cuming,  Thomas  Calder  and  Walter  Hay,  baillies,  David  Brodie, 
Andrew  Leslie,  Jon.  Ogilvie,  Alexr.  Petrie,  Alexr.  Dunbar,  Jon.  Dunbar 
and  Mr.  Wm.  Cobane. 

Mercliands  and  Crafts.  The  said  day  the  counsel!  hes  appoynted 
Saturday  nixt  the  tuentie  of  this  instant  to  meett  anent  the  settling 
of  diffrenccs  betuix  the  merchands  and  crafts  to  be  sett  doune  be  the 
prouest,  the  baillies  aboue  nominat  Alexr.  Dunbar,  Andrew  Leslie  and 
Dauid  Brodie,  with  the  deacone  conveiner  and  foure  of  the  deacones, 
viz.,  Walter  Gilzeane,  Jon.  Chalmer,  Thomas  Cock  and  Andrew  Kay. 

At  Elgin  the  tuentie  day  of  Fcbruare  ImVIc  fiftie  and  eight  yeires  in 
presens  of  Mr.  John  Douglas,  prouest  of  the  said  burgh,  George  Cuming, 
Thomas  Calder  and  Walter  Hay,  baillies  therof,  David  Brodie,  Deane  of 
Gild,  Alexr.  Dunbar,  Andrew  Leslie,  Jon.  Ogilvie,  Deacone  conveiner, 
Walter  Gilzeane,  Jon.  Chalmer,  Andrew  Kay  and  Thomas  Cock,  four  of 
the  deacones. 

Articles  betuix  merchands  and  craftsmen.  The  which  day  in  reference 
to  that  ordinance  of  the  counsell  of  the  said  burghe  daitit  the  fyftein  day 
of  the  said  moneth  and  yeir  forsaid  whereby  the  said  persones  aboue 
nominat  were  appoynted  for  settling  and  composeing  certane  differs 
arryseing  betuix  the  merchands  skiners  and  vther  craftsmen  within  the 
said  bur1.  The  saids  prouest,  baillies,  counsellers  and  deacones  aboue 
mentionat  haueing  conveined  for  that  effect  did  vnanimouslie  condiscend 
and  agree  vpone  the  articles  vnderwrittin  and  did  appoynte  the  same  to 
be  obserued  in  all  tyme  cuming  be  the  forsaids  merchands  and  craftsmen 


1658.]  TOWN   COUNCIL  MINUTES.  305 

within  the  said  burghe  as  their  seuerall  privileges  relateing  and  belonging 
to  them  seuerallie  as  is  vnder  exprest  viz. 

First.  It  is  agreed  vpone  that  merchands  within  the  said  burghe 
may  buy  wooll  skines  and  sell  the  same  without  .libertie  to  them  to  pluck 
them  or  steep  them  bot  onlie  to  sell  them  in  that  same  qualitie  they  buy 
them.  And  that  skiners  within  the  said  burghe  may  also  buy  wooll 
skines  and  may  pluck  them  and  sell  the  wooll  and  alme  the  skines  and 
sell  the  same  within  the  natione  without  pouer  to  them  to  sell  whole 
fleeced  skines  either  within  or  without  the  natione  in  small  or  in  great 
without  pouer  also  to  the  saids  skiners  to  sell  any  aimed  leather  without 
the  natione  or  send  them  abroad  over  seas. 

Secondlie.  It  is  agreed  that  no  craftsman  within  the  said  burghe  shall 
buy  to  be  sold  by  them  any  outland  or  inland  commodities  except  so 
much  as  will  serve  for  them  selues  their  families  their  vses  in  forme  and 
maner  as  is  after  explained  viz.  That  no  craftsman  buy  any  quantitie  of 
wooll  or  yearne  or  any  vther  commoditie  to  sell  except  so  much  as  will 
serve  for  his  owne  vse  and  his  familie  in  makeing  of  webs  of  any  kynd 
of  stuff  or  cloath  to  be  sold  in  wholl  but  not  in  parcills  except  vpone 
publick  mercat  dayes. 

Thirdlie.  It  is  agreed  lykwayes  that  ane  sadler  may  buy  and  sell  all 
kynds  of  sadler  claith  and  lorimer  worke  pertinent  to  his  craft  prowyded 
he  doe  not  sell  the  same  in  gross  but  be  way  of  retaleing  to  persones 
haueing  nccessitie  to  make  vse  thereof  and  not  to  any  persone  who  will 
sell  the  same  thereafter. 

Fourtlilie.  It  is  agreed  that  smythes  of  all  sortes  may  buy  quantities 
of  irone  and  steill  to  be  wrought  be  them  in  their  shopes  allanerlie 
without  pouer  to  them  to  sell  any  quantitie  of  irone  or  steill  vnwrought 
to  any  persone  whatsumeuer. 

Fyftlie.  It  is  agreed  that  matellers  of  all  sortes  such  as  pewterars, 
brasiers,  tinckers  or  vthers  workers  of  mattcll  may  buy  quantities  of  all 
sortes  of  mattell  belonging  to  their  respectiue  crafts  to  be  wrought  be 
them  in  their  seuerall  shopes  and  work  houses  allanerlie  without  pouer 
to  them  to  sell  any  quantitie  of  vnwrought  mattell  to  any  persone  what- 
sumeuer. 

Sextlie.  It  is  agreed  that  tailyors  within  the  said  burghe  shall  neither 
buy  nor  sell  any  merchandice  except  so  much  plaiding,  harne,  lining, 
tuidling,  stenting,  bleached  or  vnbleached,  threed  and  all  sortes  of  scotts 

P  i 


306  RECORDS  OF  ELGIN.  [1658. 

lyneing,  buccrome,  with  so  much  silk  not  exceeding  the  weight  of  tuo 
pund  with  silk  ribbons  not  exceeding  the  value  of  threttie  punds  Scotts 
with  silk  buttons  not  exceeding  the  value  of  fyftein  pund  Scotts  with 
ane  stone  weight  of  balling  and  that  they  sell  no  quantitie  of  the  saids 
commodities  nor  lend  not  the  same  to  any  of  their  craft  in  small  or  in 
great  or  make  any  exchange  thereof  but  allanerlie  make  vse  of  the  same 
in  made  work  to  these  persones  who  does  imploy  them  not  being  of  the 
Tailyor  craft. 

Sevinthlie.  It  is  agreed  that  shoemakers  within  the  said  burghe  may 
tan  and  sell  sufficient  barked  leather  or  make  bootts  and  shoes  of  the 
same  to  be  sold  be  them  without  prejudice  to  the  merchands  of  the  said 
burghe  to  buy  and  sell  sufficient  taned  or  barked  ledder  to  any  persone 
they  please  with  pouer  and  privilege  to  the  shoemakers  of  the  said  burghe 
to  buy  and  sell  taned  or  bend  leather  bootts  and  shoes  in  any  place  of 
the  natione  als  freelie  as  the  merchands  within  the  said  burghe.  And  in 
case  any  persone  free  or  vnfree  not  being  resident  within  the  said  burghe 
bring  any  quantitie  of  barked  leather  or  roch  leather  to  be  sold  within 
the  said  burghe  that  the  first  offer  to  buy  the  same  shall  be  made  to  the 
deane  of  gild  and  deacone  of  the  shoemakers  with  pouer  to  the  said 
deacone  to  buye  the  same  in  whole  or  in  part  for  the  use  and  behouc  of 
the  whole  shoemakers  within  the  said  burghe  at  least  so  many  of  them 
as  shall  please  to  buy  to  be  devydit  amongst  them  at  the  same  pryce 
and  no  higher  as  the  said  deacone  buyes  the  same  at  first.  Also 
condiscendit  that  in  case  any  persone  whatsumeuer  offer  to  sell  taned 
or  barked  leather  within  the  said  burghe  after  he  hes  made  the  said  offer 
shall  be  obleiged  for  the  sufficiencie  of  the  said  barked  leather  and  the 
stranger  to  sett  cautione  acted  in  the  tounes  court  books  for  that  effect 
and  for  makeing  up  of  all  prejudice  to  the  parties  damnified  by  the 
insufficiencie  of  the  leather,  And  further  to  be  censured  by  the  magis- 
trates and  counsell  of  the  said  burghe. 

Eightlie.  It  is  agreed  that  weavers  may  buy  and  sell  woll  and  yairne 
and  vther  commodities  for  their  owne  vse  and  mak  cloath  thereof  and 
sell  the  same  in  great  but  not  to  retale  the  same  but  vpone  publick 
mercat  dayes. 

Nynthlie.  It  is  agreed  that  no  butcher  within  the  said  burghe  shall 
buy  any  number  of  cowes  or  oxen  brought  to  this  burghe  to  be  sold 
betuix  publick  mercat  dayes  vntill  first  the  offer  of  the  saids  cowes  or 


1658.]  TOWN  COUNCIL  MJNUfES.  J67 

oxen  be  made  to  the  deane  of  gild  of  the  said  burghe  and  deacone  of 
the  saids  butchers  and  published  be  his  order  to  the  wholl  inhabitants  of 
the  said  burghe  that  they  may  buy  of  the  saids  cowes  or  oxin  for  their 
particular  vses  and  till  that  tyme  the  saids  butchers  doe  not  presume  to 
bargane  for  the  samen.  And  also  that  no  butcher  buy  or  sell  any  hydes 
or  skines  but  such  as  they  kill  themselues  but  prejudice  to  them  to  go  to 
Rose  or  Sutherland  or  any  where  els  to  buy  cowes  oxin  or  sheep  as  they 
are  able. 

Tentlie.  It  is  agreed  that  no  craftsman  within  the  said  burghe  not 
being  ane  merchand  shall  buy  to  sell  any  commodities  except  so  much 
as  shall  serue  and  be  applyed  to  their  owne  particular  vses  as  saidis:  and 
thir  presents  are  ordained  to  be  registrat  in  the  counsell  books  of  the 
said  burghe  and  in  testimonie  of  this  agreement  the  saids  persones  haue 
subscryved  the  same  day,  yeir,  moneth  and  place  forsaid.  Subscryuit 
thus :  Mr.  J.  Douglas,  T.  Calder,  W.  Hay,  A.  Dunbar,  A.  Leslie,  Dauid 
Brodie,  J.  Ogilvie,  Walter  Gilzean,  Johne  Chalmer,  I  :  C  :  At  command 
of  the  abouewrittin,  Androw  Kay  and  Thomas  Cock,  deacones.  I, 
Alexr.  Dunbar,  notare  publick,  haue  subscryvit  thir  presents  because 
they  cannot  write.  A.  Dunbar. 

March  I5th. — Act — Cawie  for  his  freedome.  The  Counsell  hes  con- 
discended  to  mak  John  Cowie,  tincler,  burges  and  freeman  of  this  burghe 
for  keeping  of  the  toune  clock  in  good  order  dureing  his  lyftyme  the 
Counsell  alwayes  furnishing  him  irone  and  other  necessars  for  the  vse  of 
the  clock  allanerlie. 

April  24th.  —  Letter  from  Geo.  Gordone  and  Barclayes  discliarg. 
Discharge  presented  anent  the  moneths  mantenance  to  the  factors  of 
Camphere  for  the  kings  home  bringing. 

May  3rd. — Janet  Couts.  Jannet  Coutes  is  ordained  to  be  jogged  and 
banished  with  a  paper  on  her  head  to  show  hir  fault  which  is  swearing 
and  for  swearing,  lyeing  and  slandering. 

June  7th. — Letters  from  Man  and  Monck.  Delyvered  to  the  clerk 
ane  letter  from  Lieutenant  Man  with  ane  vther  from  Generall  Monck 
anent  the  cess. 

Beds  to  the  Troupers.  Two  beds  to  be  sent  to  the  troupers  at 
Thomas  Calders  house. 

July  and. —  Tolbaoth  locks.  John  Ogilvie,  thesaurer,  receiued  tuo 
hinging  locks  of  iron  with  keys  belonging  to  the  tolbooth. 


308  RECORDS  OF   ELGIN.  [1658. 

July  1 2th. — Releasment  Campbell.  The  prouest  delyvered  to  the 
clerk  ane  discharge  from  Albert  Mollisone,  merchand  in  Aberdein, 
concerning  the  releasement  of  Jeane  Campbell,  Ladye  Newtoune,  out  of 
the  tolbooth  of  Elgin. 

August  28th.— Jo/me  McKeane  declared  vnfreeman.  John  McKeane 
being  conveined  for  his  contempt  of  the  order  issued  from  the  Magis- 
trates for  bringing  in  of  horse  for  payment  to  carie  burne  for  quenching 
of  the  fyr  at  the  west  porte  by  taking  his  horse  violentlie  from  the  officers 
and  for  his  miscarriage  to  Thomas  Caldcr,  baillie,  the  Counsell  ordained 
his  burgeship  to  be  takin  from  him  and  his  booth  dore  to  be  closed  up 
and  his  persone  to  be  committed  to  prisone  till  he  pay  ten  punds  Scotts. 
John  Forsyth,  officer,  did  calk  the  boothe  doore  by  making  ane  croce 
thereon  and  made  intimatione  thairanent  that  it  wes  closed  vp  the  said 
John  McKeane  being  now  ane  vnfrieman. 

August  3 1  st. — Leslies  miscariage  and  ryot.  John  Leslie,  merchand, 
for  blood  and  blae  giving  to  John  Lamb,  merchand,  and  for  his  great 
miscarriage  done  in  presence  of  his  magistrates  .is  ordained  to  pay 
tuentie  punds  to  loose  his  burgeship  and  to  be  imprisoned  durcing  the 
magistrates  pleasure. 

Lambs  miscariage.  John  Lamb  for  his  ryot  committed  against  the 
said  John  Leslie  and  for  his  miscarriage  in  prisone  in  offering  to  break 
the  dores  is  ordained  to  pay  ten  punds  and  to  be  imprisoned  till  payment 
and  to  loose  his  burgeship. 

September  6th. — Kearters  anent  their  dogs.  The  kearters  and  vthers 
that  caries  dogs  alongs  with  them  vnneccssarlie  to  the  countrey  for  peatts 
and  turffs  are  commanded  not  to  take  them  allongs  with  them  hereafter 
vnder  the  paine  of  fyuc  punds  Scotts  for  the  first  fault. 

Anent  lint,  hemp  or  peitts  to  be  remoued  within  fyre  houses.  It  is 
ordained  that  publicatione  be  made  that  all  who  haue  lint,  hemp  or 
peatts  about  or  near  the  fyre  shall  remove  the  same  within  48  hours 
vthcrwayes  the  same  shall  be  takin  from  them  and  giwin  to  the  hospitall 
and  themselves  punished  with  rigor. 

September  i7th. — Lord  Richard  proclamed  Protector.  Elgin.  The 
said  day  the  Counsell  of  Estates  their  order  anent  the  proclameing  of 
Lord  Richard,  eldest  sone  to  the  late  deceased  Oliver,  Lord  Protector, 
to  succeed  to  his  father  in  the  government  wes  published  at  the  mercat 
croce  of  the  said  burghe  the  day  aforesaid  about  eight  aclock  in  the 
morning. 


I6S9-]  TOWN   COUNCIL  MINUTES. 

September  27th. — Act  anent  old  inhabitants.  Wrights,  measones, 
glaswrights,  coupers,  bowers  and  clubmakers  are  to  have  a  deacone 
without  prejudice  to  the  old  inhabitants  of  each  craft  who  are  not  able 
for  the  present  to  make  themselves  burgesses  to  work  for  their  lyvliehead 
as  formerlie  and  to  have  no  power  over  them  but  to  be  judged  by  the 
magistrats.  Deacons  chosen  by  the  counsell  one  each  for  the  hammer- 
men, glovers,  taillors,  shoemakers  and  weavers. 

December  27th. — Letter  from  General  Monck  and  Sam.  Diskroiv. 
Ane  letter  received  the  said  night  about  xi  acclock  at  night  from 
Generall  Monck  and  Samuell  Diskrowe  for  sending  ane  commissioner 
to  the  parliament  at  Londoun. 


1659. 

January  15th. — Andrew  Leslie  to  go  to  Innernes.  It  is  condiscended 
that  Baillie  Leslie  shall  goe  to  Innernes  agane  Tuisday  nixt  anent  the 
choising  of  the  Commissioner  to  the  parliament  and  to  delyvcr  ane  letter 
to  the  Erie  of  Murray  anent  the  plantatione  of  the  kirk  of  Elgin. 

Kings  Colleg  of  Aberdeine.  King's  Colledge  of  Aberdein  anent  the 
supplie  crafeit  be  them  for  their  new  structure  to  the  said  college.  It  is 
thought  fitt  to  write  that  they  will  take  the  supplicatione  to  consideratione 
when  they  haue  [?  completed  their]  awin  church. 

Vintners  charged.  It  is  ordained  that  Andrew  Young,  messenger,  be 
send  to  Banff,  Boighead,  Cullen,  Keith  and  vthcr  places  in  Banffschyre 
where  wyne  is  vented  to  be  chargit  to  make  payment  thairof. 

February  7th. —  Tutor  of  Duffus  etitrie.  The  Counsell  accepts  of  the 
old  yeards  fra  the  tutor  of  Duffus  and  to  give  him  his  entrie  to  the 
quarter  of  Mostowie  tuo  aughten  parts  etc.  and  when  he  is  enterit  to 
dispone  and  resigne  auld  yeards  to  the  toune  and  referrs  the  entrie  to 
his  discretione. 

Act  for  regulating  the  crafts.  The  Counsell  finding  ane  actt  of  the 
date  the  23  day  of  Junij  IM.  VIC.  and  nyntein  yeires  regulateing  the  crafts 
they  now  adheare  to  the  said  Act  vnles  ane  later  act  be  presented  and 
the  old  Act  to  be  newlie  insert  in  the  book.  [Not  insert] 

February  I4th. — Piece  ground  to  be  rouped.  The  peice  ground  be 
north  to  Smiddie  Hill  to  be  roupit. 


3io  RECORDS  OF  ELGIN.  [1659- 

Nezv  pecks  to  be  sighted.  It  is  ordanit  that  the  new  pecks  be 
presented  to  the  marcat  on  Fryday  come  eight  dayes  and  to  make 
proclamatione  therof  on  Fryday  nixt  and  tuo  baillies  to  see  the  pecks 
before  they  be  sealled. 

February  i/th. — Charter  subscryvit  to  the  Tutor  of  Duffus.  Ane 
charter  of  ane  quarter  of  Mostowie  tuo  auchtin  partes  half  of  Croftcroy 
and  half  of  old  milne  houses  wes  subscryvcd  to  the  laird  of  Kinminitie 
and  he  subscryved  ane  renunciatione  to  the  toune  of  a  peice  land  called 
the  old  yeards. 

February  28th. — Alex*.  Glass,  violer.  It  is  condiscendit  that  Alex- 
ander Glass,  violer,  shall  have  libertie  to  build  ane  house  beyond  the 
Maltfoord  on  Tyock  on  the  tounes  commontie  payand  nothing  the  first 
yeir  and  yeirlie  thairafter  at  the  counsell's  discretione  and  with  this 
conditione  that  if  he  brew  and  receiue  vagabons  and  honest  mens 
servands  his  house  immediatlie  thereafter  to  be  pulled  doune. 

March  I4th. —  Writes  givin  to  the  Prottest.  Mr.  John  Douglas 
presented  the  double  of  the  agreement  betuix  the  toune  of  Elgin  and 
pryour  of  Pluscarden  anent  the  old  milnes  of  Elgin  and  ellevin  peice 
of  papers  and  informatione  theranent. 

Fleschers  to  be  cited.  John  Thomsone,  Alexander  Thomsone  and 
William  Petrie,  fleshers,  to  be  sumondit  this  day  aught  dayes  for 
transporting  of  cattell  to  Innernes. 

March  2ist. — An.  Hamiltounes  depositione.  Andrew  Hamiltoune  lies 
declaired  vpone  oath  that  he  hes  not  rune  nor  wented  more  nor  fyue 
punshiones  of  wyne  and  tuo  rindells  of  seek  at  sevintein  poynts  the 
peice  betuix  Lambes,  1657,  and  Candlemes,  1659,  for  which  he  hes 
payed  fyue  punds  for  the  saidis  fyue  punshiones  and  William  Tarres 
is  to  pay  for  the  rindells  of  seek. 

March  26th. — Fleshers.  John  Thomsone  absolued,  Thomas  Watsone 
absolued,  William  Petrie  confest  the  transporting  of  ane  cow  from 
James  Young,  ane  from  Bessie  Watt  in  the  Colledge,  ane  from  William 
Alexander  in  Argy,  and  ane  quoyack  out  of  Mostowie,  and  confest 
Alexander  Thomsone  wes  pairtner. 

March  28th.  —  Fleshers  fynned.  William  Petrie  and  Alexander 
Thomsone,  fleshers,  fyned  403.  ilk  ane  of  them.  All  the  fleshers  are 
become  acted  not  to  transport  any  bestiall  or  goods  or  any  slain  meatt 
to  Innernes  in  tym  cuming  vnder  the  painc  of  tuentie  punds. 


I659-]  TOWN   COUNCIL  MINUTES.  311 

Lawborrowes  contra  the  Inhabitants  of  tJte  College.  The  Counsell 
ordaines  laborrowes  to  be  raisit  before  the  shereff  against  the  inhabitants 
of  the  college  of  Elgin. 

James  Calder,  officer,  discliarged  from  his  office.  James  Calder  is 
dischargit  to  exercise  his  office  till  forder  order  for  his  neglect  of 
Andrew  Duff  and  Alexander  Forsythe,  prissoners. 

April  4th. — Sam.  Mosely.  It  is  ordained  that  Baillie  Brodie  shall 
take  39  punds  to  Samuell  Mosley  for  the  impost  of  the  wyne  betuix 
the  feast  of  Candlemes,  1658,  and  Candlemes,  1659. 

Anent  the  building  of  the  new  kirk.  The  Baillie,  Johne  Dunbar,  and 
Jo".  Ogilvie  appoynted  to  goe  with  Mr.  Murdoch  McKenzie  to  the  land- 
wart  heritors  of  the  parioch  of  Elgin  to  require  them  to  meett  at  Elgin 
the  fourtein  day  of  Aprile  instant  for  takeing  course  ancnt  the  building 
and  repairing  of  the  new  church  and  prowyding  anc  manse  and  the  Eric 
of  Murray  to  be  write  for  that  effect. 

April  25th' — James  Pedder  discharged  of  the  mortcloath  to  his  wyfc 
in  respect  she  is  ane  magistral's  daughter  at  least  sumtym  his  pre- 
dicessor.  [Inventar  tounes  wreates — here  recorded.] 

May  2nd. — Act  anent  fleshers.  John  Glass  accused  for  bringing  ane 
vnsufficient  beast  in  ane  keart  on  Fryday  last  ordained  that  he  be 
imprisoned  till  he  pay  four  punds  and  also  it  is  ordained  what  euer 
flesher  hes  or  buyes  either  kid  or  lamb,  moorfull  or  vther  of  that  kynd 
except  for  thair  awin  meatt  within  the  toune  to  be  confiscat. 

May  1 6th. — Horning  contra  the  shereff  from  judging  the  inhabitants 
of  Elgin.  Mr.  John  Hay  presented  the  letters  of  horning  chargeing  the 
Shereff  to  desist  fra  judgeing  the  inhabitants  of  Elgin. 

Playing  with  bullets.  It  is  ordained  that  ane  bank  goe  through  the 
toune  dischargeing  all  persones  within  this  burgh  to  play  with  the  irone 
bullets  within  the  tounes  liberties  vnder  the  paine  of  fyue  punds. 

The  Counsell  ordained  John  Ogilvie,  thesaurer,  to  take  fiftie  merks  of 
the  contributione  to  the  strangers  beyond  sea  and  to  lend  vther  fiftie 
merks  to  William  Andersone,  thesaurer  for  the  church,  for  paying  of 
James  Smythes  accompts  restand  to  him. 


312  RECORDS  OF  ELGIN.  [1670. 

The  title-page  of  the  new  Minute  Book  bears  the  following:— 
Counsell  Book  of  the  burghc 
of  Elgyn  begun  vpon  the  iith 

of  July   1670 
Presens  huic  operi  sit  gratia  pneumatis 

almi 
Me  jubet  et  faciat  complerc  quod  vtile  fiat. 


1670. 

July  nth. — Act  for  James  Calders  payment  for  attending  the  Par- 
liament. The  Counsell  have  condescendit  that  James  Calder  shall  have 
for  his  debursements  and  paines  at  Parliament  being  fourscore  one  dayes 
and  ane  week  at  the  borrowes  the  soume  of  tuo  hundreth  merks. 

Act  for  payment  to  James  Calder  for  militia.  The  Counsell  hes 
appoynted  Robert  Innes,  thesaurcr,  to  pay  to  James  Calder  three 
hundreth  sex  pounds  133.  4d.  Scotts  money  conforme  to  ane  particular 
accompt  givin  in  be  the  said  James  to  the  Counsell  for  the  number  of 
the  arms  to  the  militia  of  the  said  burghe. 

July  25th. — Mostowie — Brodie.  Bailie  Stewart  [and  others]  appointed 
to  goe  out  to  the  greenes  of  Mostowie  and  to  sie  the  marching  of  the 
bounds  that  the  toune  is  disponning  to  Frances  Brodies  elder  and  yor. 
and  Tuesday  comes  eight  dayes  is  appoynted  to  goe  out  either  befor  or 
after  sermon. 

Dunbar — Borrowes.  Bailie  Dunbar  reported  his  dilligence  frae  the 
Convention  of  Borrowes  with  ane  litle  paper  book  containing  the  articles 
betuixt  the  borrowes  and  the  stepple  port  at  Dort.* 

Mortcloth.  The  pryce  of  the  mortcloath  within  toune  to  be  four 
punds  and  ten  merks  to  be  payd  for  the  same  without  toune  and  the  old 
mortcloath  to  pay  within  toune  40  shillings  and  thrie  lib.  without  toune. 

October  3rd.  —  Casting — Messindew — Cattails.  James  Winchester, 
physcall,  ordained  to  caus  summond  all  these  to  the  Court  that  hes 

*  Bruges  was  for  long  the  staple  port.  It  was  removed  to  Campvere,  May,  1444,  upon  the 
marriage  of  Mary  Stuart,  daughter  of  James  I.  and  sister  of  James  II.,  then  King  of  Scotland, 
to  Wolfred  van  Borselen,  Lord  of  Campvere.  Antwerp  became  the  staple  port  in  1539  and 
Middleburg  in  1541,  but  the  latter  contract  never  took  effect,  and  by  1548  at  least  Campvere 
was  restored  to  its  former  position.  It  was  removed  to  Bruges  in  1572,  to  Calais  in  1574  and  to 
Campvere  in  1578.  After  the  peace  of  Breda,  Dort  was  the  staple  port,  and,  in  1676,  Campvere. 


1671.]  TOWN   COUNCIL  MINUTES.  313 

casten  the  greines  of  the  cattails  and  also  to  persue  the  tennents  of 
Messindew  for  casting  of  the  green  ground  and  ane  bank  to  be  beat  that 
no  persones  cast  the  greines  of  the  cattaills  herefter. 

October  24th. — Jon.  Chrystie,  burges.  The  said  day  John  Chrystie  in 
the  Mearnis  was  admitted  and  received  burges  and  frieman  of  the  burghe 
and  brother  gild  therof  for  payment  of  fourtie  punds  money. 


1671. 

February  6th. — Old  yeards  set.  The  thesaurer  hes  sett  the  old  yeards 
to  James  Brebner  for  payment  of  three  libs.  Scotts. 

February  2/th. — James  Hatmaker  fyned  20  lib.  James  Hatmaker, 
glover,  fyned  by  the  Counsell  in  the  soume  of  tuentie  punds  Scotts 
money  for  his  bygain  vnfrie  trading  and  appoynted  to  be  putt  in  prisone 
vtherwayes  to  sett  suretie  for  making  himself  frieman  of  the  said  burghe. 

April  24th. — Robert  Donaldsone  anent  the  Cattaills.  By  consent  of 
counsell  Robert  Donaldsone  is  to  have  possession  of  the  Cattaills  for  the 
space  of  nyntein  years  for  payment  yearlie  of  the  soume  of  fourtie  tuo 
punds  Scotts.  No  bestiall  to  pasture  within  the  saids  Cattails  in  tyme 
coming  without  the  consent  of  the  said  Robert. 

May  8th. — Act — Building  in  the  streit.  It  is  enacted  by  the  Counsell 
that  no  heretor  or  inhabitant  within  the  burghe  shall  build  anie  hous  to 
the  street  of  the  said  burghe  in  tyme  coming  beyond  the  limits  without 
the  said  counsell  their  speciall  consent. 

June  5th. — Anent  the  heretors  of  the  colledge.  It  is  appoynted  that 
the  provest  and  bailies  with  a  certain  number  of  the  counsell  meet  with 
the  heretors  of  the  colledge  for  ordering  ther  part  of  the  militia. 

The  Counsell  have  appoynted  to  met  the  morn  efter  sermon  and  to 
goe  out  for  viewing  the  bounds  of  the  Cattails. 

Alexander  McKeun  fyned  by  the  Counsell  in  fourtie  shillings  Scotts 
money  for  his  disobedience  in  not  convoying  the  magistrals  with  the 
judges  and  for  contumacie  in  not  compeiring  to  the  court  when  cited  for 
that  effect. 

June  1 2th. — Forsyth  anent  the  militia.  John  Forsyth,  officer,  indweller 
in  Elgin,  is  become  wiilinglie  actit  that  in  all  tyme  herefter  he  shall 
keep  and  observe  the  militia  dayes  and  vther  mustering  dayes  of  the 
randivoes  whenever  required  and  that  vnder  the  pain  of  tuentie  punds. 

Qi 


314  RECORDS  OF  ELGIN.  [1671. 

Bailie  Ogilvie  and  Bailie  Rutherfurd  with  the  thesaurer  appoynted 
by  the  Counsell  to  goe  to  Urquhart  with  the  tounes  militia  for  meeting 
the  young  Lard  Innes  there. 

The  Counsell  hes  appoynted  the  dean  of  gild  to  caus  make  vp  new 
meal  pecks  and  to  caus  gird  the  same  with  irone  and  to  enlarge  the  peck 
a  peck  more  then  the  boll. 

June  I pth. —The  Counsell  hes  appoynted  a  certain  number  of  the 
Counsellors  to  speak  to  Andrew  Rose  anent  his  setting  suretie  that  he 
shall  not  break  ward  and  that  preceisly  again  the  old  mercat  day  vther- 
wayes  the  Counsell  ordaines  that  therefter  he  may  get  irones  and  that 
thcr  be  upon  the  mercat  day  and  mercat  even  ane  guard  sett  on  him  of 
ten  men  nightlie. 

June  26th. — Gordoune  to  remove  fra  this  place.  Christan  Gordone, 
daughter  to  John  Gordone,  gravemaker,  is  become  acted  to  remove  from 
this  place  within  fourtie  eight  hours  vnder  the  pain  of  tuentie  punds. 

July  3 1 st. — Duncan  his  punischment.  Alexander  Duncan  for  his 
miscarriage  to  Robert  Rutherfurd,  bailie,  is  appoynted  to  be  putt  in  the 
iron  gage  during  the  Counsell's  pleasure  for  saying  and  swearing  that 
both  he  and  the  rest  would  lay  doune  ther  armis. 

Theis  that  goes  to  Forres.  Bailie  Ogilvie  and  Robert  Innes  appoynted 
to  goe  to  Forres  one  Wednesday  nixt  to  the  Randiwoos. 

September  nth. — Act  against  lint,  peattes,  heather  or  firr  above  the 
fyre.  It  was  enacted  by  the  Counsell  that  no  inhabitant  within  the  said 
burghe  shall  keep  aither  lint,  peats,  heather  or  firr  above  ther  fires  or 
within  their  duelling  hous  in  tyme  coming  and  that  under  the  pain  of 
banishment  of  ther  persones  and  confiscatione  of  the  lint  and  vthers  abov 
prohibited. 

October  2nd. — Making  up  of  pecks.  The  Counsell  have  condiscendit 
that  the  pecks  maid  up  be  the  deangild  salbe  sex  gudges. 

As  to  ane  minister  to  the  new  kirk  to  be  spoken  of  hodie  ad  octo. 

Rot.  Innes  chosin  baillie.  In  respect  that  Baillie  Ogilvie  declaired 
that  he  haid  giuen  ane  rash  oath  the  counsell  ordain  him  not  to  carrie 
publict  chairge  as  a  baillie  this  yeire  and  have  easit  him.  Robert  Innes 
choysine  baillie  this  yeire. 

November  I2th. — Ane  bank  anent  the  cess.  Ane  bank  to  be  beat 
throw  the  toune  that  all  these  persones  that  comes  not  in  to  pay  ther 
cess  this  day  in  the  efternoone  salbe  quartered  upon  for  ther  deficiencie. 


1672.]  TOWN  COUNCIL  MINUTES.  315 

Anent  idle  persones.  Evrie  baillie  with  a  counseller  to  goe  throw  ther 
severall  quarters  and  taike  the  names  of  such  idle  persones  and  strangers 
as  hes  come  in  to  the  toune  to  duell  in  without  consent  of  the  magistrates. 


1672. 

January  22nd.—  The  customers  past  of  ten  punds.  The  Counsell 
passes  the  customers  of  ten  pund  dew  be  them  for  the  meall  of  the 
laiche  tolbuith  in  respect  the  mercatts  hes  bein  so  bad. 

April  roth. — Mark  Boynd  admitted  frieman.  Mark  Boynd,  sone  to 
umquhill  Wm.  Boynd,  mesin,  wes  receaued  and  admittit  burges  and 
frieman  of  this  burghe  upon  the  accompt  that  he  hes  taiken  on  to  be  a 
sojor  in  the  present  levie  for  the  toune  of  Elgin  frielie  and  the  said  Mark 
is  become  acted  in  the  said  Counsell  buiks  that  he  sail  not  remoue  from 
this  place  or  flie  therfrae  in  anie  tyme  heirefter  whenever  he  salbe  called 
for  and  that  vnder  the  payne  of  banishment  frae  this  place. 

April  22nd. — Anent  tua  moneths  cess.  It  is  concludit  that  tuo  moneths 
cess  be  presentlie  collected  for  outrigging  of  the  tounes  proportione  of 
the  tuo  and  fyftie  men  and  for  uther  chairges.* 

May  27th. — The  Counsell  appoyntes  that  upon  the  29  Maii  the 
counsel!  and  toune  goe  throwe  the  toune  as  formerlie  without  bondfyres. 

June  1 7th. — The  Counsell  hes  concluded  that  the  Laird  and  Ladie 
Pendriche  salbe  in  the  militia  in  the  toune  of  Elgin's  proportione  to  be 
for  a  man  and  ane  halffe  and  the  clerk  to  wreat  ane  lyne  to  her  as  to  his 
purpose  vtherwayes  quartering  will  follow  and  to  pay  for  the  heall 
muster  dayes  bygane. 

July  22nd. — The  Counsell  haue  condiscendit  that  ther  salbe  a  pairtie 
of  the  militia  sent  to  quarter  upon  the  Laird  and  Ladie  Pendriche  for 

*At  Forres,  the  17  off  Appryll,  1672,  conveined  the  said  day  the  Earle  of  Murray  the 
Lo  /  off  Duffus  &c.  The  sds  commissioners  efter  severall  debattis  anent  the  sowme  of  money  to 
be  alloved  for  the  furnisheing  the  bodie  of  the  man  and  his  furnitour  conforme  to  the  Act  of 
Counsell  of  the  proportion  of  men  imposed  ori  this  schyre  for  the  present  Lewie  of  ane  thousand 
men  to  be  lewied  out  of  the  Kingdome  for  1  is  Majesties  service  did  agree  that  the  sowme  be 
thrie  scoir  punds  Scots  to  be  payit  be  the  sewerall  adjunctis  to  the  leader  and  befoir  the  tuentie 
tuo  instant  wnder  the  payne  of  quartering  and  doubling  of  their  proportiones  and  that  the  leaders 
sail  have  pairties  of  the  Melitia  to  quarter  on  mair  defficient  adjunctis  also  it  is  agreed  that  the 
sowme  to  ilk  sojor  for  convoying  him  to  Bruntilland  be  tuentie  marks  money  wherof  fourteine 
marks  money  be  payit  to  the  convoyes  and  sex  marks  to  the  sojore.  Extract  be  me  Jo".  Ogilvie, 
clerk.  (Miscellaneous  Papers  in  Town's  Gadget.) 


316  RECORDS  OF   ELGIN.  [1673. 

ther  bygaine  deues  deue  to  the  toune  anent  that  man  and  ane  halffe  out 
of  the  lands  of  Divilligreine  and  also  to  quarter  anent  the  deus  for  the 
blew  coatts. 

James  Winchester,  frieman.  James  Winchester,  eldest  laufull  sone  to 
John  Winchester,  taylior  in  Elgin,  wes  reseaued  burges  and  frieman  of 
the  said  burghe  and  gild  brother  therof  for  payment  of  fyue  shilling 
Scotts  and  ane  penie  purse. 

September  23rd. — The  Counsell  haue  condiscendit  that  no  persone 
salbe  upon  the  Counsell  except  them  that  hes  to  tyne  or  wyne  in  the 
place. 

October  I4th. — Baillie  Innes  [and  others]  appoynted  to  speake  with 
some  men  and  agrie  with  them  anent  the  casting  of  the  foord  of  Tayick 
besyd  the  lands  of  the  Panns. 


1673. 

January  I3th. — -Anent  chairge  givin  be  the  Shereff  to  the  toune.  Ane 
chairge  giuen  be  George  Troup,  messenger  to  the  toune,  anent  the 
Shereffe  Murray  anent  ane  ounce  of  peper  and  the  cadget  to  be  looked 
out  and  the  great  charter  theranent. 

January  2oth. —  The  thesanrer  appoyntit  to  pay  James  Calder.  Baillie 
Innes  appoynted  to  pay  in  to  James  Calder  the  tounes  commissioner  for 
his  last  goeing  to  the  Parliament  in  Jully  last  ane  hundreth  punds  Scotes 
and  taike  his  reset  theron. 

January  25th. —  The  commissioners  to  meitl  for  revising  the  stent  rolls. 
The  old  stenters  to  meet  on  Tuesday  nixt  for  reviseing  of  the  stent  roll. 

January  28th. — The  clerk  hes  the  contract  of  the  excysse  for  this 
yeire  betuixt  the  toune  and  James  Winchester. 

February  loth. — Ther  wer  put  in  the  cadget  the  fyue  severall  dis- 
chairges  of  the  taxatione  grantit  to  his  Majestic  in  anno  1665  yeires 
with  the  dischairges  of  the  excysse  grantit  fra  Baillie  Ogilvie  to  the 
toune  and  for  anno  1672. 

March  I2th. —  To  visit  the  mairches.  The  baillies  and  the  counsell 
with  severall  old  men  to  the  toune  appoynted  to  goe  out  the  morne  efter 
sermon  to  visit  the  merches  of  the  moss  of  Mostowie  and  Whitfield  and 
to  visit  the  bounds  of  the  moss  of  Glasgreine. 


I673-]  TOWN   COUNCIL  MINUTES.  317 

May  ipth. — Lawborrowes  to  be  aganes  Francis  Brodie.  The  Counsell 
hes  condescendit  that  iff  Innerlochtie  yr.  sail  cast  anie  more  of  the  stank 
or  of  the  peatts  of  Mostowie  that  wes  arreisted  that  ther  be  a  chairge  of 
lawborrowes  laid  on. 

The  Counsell  have  appoynted  that  the  baillies  and  counsel!  sail  goe 
up  and  doune  the  streets  upon  29  Maij  with  the  people  and  that  the  bells 
ring  efter  denner. 

June  pth. — Anent  Francis  Brodie  and  his  peatts.  The  Counsell  con- 
discends  that  the  peattes  castine  be  Francis  Brodie  and  his  tenantis  in 
the  moss  of  Mostowie  that  the  dryest  of  them  salbe  ledd  and  the  weet 
peatts  to  be  castine  in  the  potts. 

June  23rd. — Anent  the  conventione  of  borrowes.  The  counsel!  does 
condiscend  that  ther  salbe  onlie  a  lyne  of  excuse  wreittine  to  the  Con- 
ventione  of  borrowes  at  this  tyme  inrespect  they  haue  no  commissioner 
to  send  throw  the  want  of  a  prouest  at  the  tyme  by  death. 

June  3Oth. — Laird  of  Innes  entrie  dispensit  frielie.  The  Counsell  hes 
past  the  Laird  of  Innes  his  entrie  frielie  inrespect  of  the  former  com- 
positione  given  be  the  Laird  Innes  to  the  counsel!  and  also  for  ther 
kyndnes  to  the  Laird  upon  several!  accomptes. 

July  2 1 st. —  The  Shereff  to  see  the  reddendo  in  tlie  great  cJiartonr.  The 
Counsell  appoynts  the  magistrals  to  let  the  Sheriffc  sic  the  reddendo  in 
the  great  Charter  and  no  more. 

John  Forsyth  for  his  miscariage  to  Sir  George  Monro's  man  the 
Counsell  appoynts  him  to  pay  6s.  sterling  and  to  be  put  in  the  goigs 
upon  Fryday  and  to  stand  fra  nyne  hors  to  elevine  hors. 

September  22nd. — Electione  of  the  magistrals.  George  Cuming  [and 
19  others]  present.  All  the  members  of  Counsell  continoued  this  yeire 
except  Alexander  Hosack  and  Nicolas  Brodie  and  the  Counsell  haue 
condiscendit  that  ther  salbe  but  sevinteine  persones  upon  the  counsel 
this  yeire.  All  that  are  present  suorne  for  faithfull  keiping  except 
Alexander  Dunbar  and  James  Calder.  Lites  for  the  prouestrie  :  George 
Cuming  vnanimouslie  choysine  prouest  for  this  yeire.  Lites  for  the 
baillzarie :  John  Ogilvie,  Robert  Innes,  James  Chalmer,  Robert  Donald- 
sone.  Baillie  Ogilvie  and  Baillie  Donaldsone  easit  for  this  yeire.  Baillie 
Innes  and  Baillie  Chalmer  continoued.  Baillie  Stewart  and  Baillie 
Rutherfuird  choysine  in  the  former  Baillies  place  for  this  yeire.  Deane- 
gild.  Peter  Chalmer  and  John  Spens.  John  Spens  choysine  for  this 


3l8  RECORDS  OF   ELGIN. 

yeire.  Thesaurer.  Robert  Innes,  Peter  Chalmer,  Alexander  Russell. 
Peter  Chalmer  choysine  for  this  yeire.  Clerk.  John  Chalmer  and  his 
sone  to  supplie  him.  Phiscalls.  James  Winchester  and  John  Torrie  to 
assist  him  for  this  yeire.  Lynsters.  Alexander  Smyth,  Alexander 
Geddes,  James  Young,  James  Fentone,  elders,  continoued  this  yeire. 
Visiters  of  the  Flesh  mercat.  James  Winchester  and  John  Torrie 
continoued  for  this  yeire.  Mr.  of  the  Hospitall.  Alexander  Russell 
continowed  this  year  master  of  the  Hospitall.  Officers.  Robert  Kear, 
George  Gray,  John  Robertsone,  Androw  Donaldsone  reffered  to  the 
Head  Court  and  to  the  present  magistrats.  The  saids  officers  are 
continowed.  John  Torrie  hes  the  keyes.  The  officers  appoynted  heir- 
after  to  give  in  the  keyes  of  the  tolbooth  to  the  keeper  nightlie  be  four 
acclock  and  not  suffer  anie  men  come  in  to  tolbuith  without  a  particular 
order  from  the  baillie. 

October  6th. — Rouping  of  thrie  crofts  and  old  zairds — Rouping  of 
Guiscruik.  Ther  is  thrie  crofts  belonging  to  the  Hospitall  of  the  toune 
of  Elgin  with  the  auld  yeards  belonging  to  the  toune  rouped  that  day 
and  to  be  put  in  the  bank.  The  goose  cruck  and  the  piece  ground  to 
the  westward  of  it  besyde  the  fuird  of  Innerlochtie  to  be  rouped. 

Act  anent  wnfriemen.  The  former  Act  anent  vnfriemen  and  strangers 
that  arc  not  ordained  to  brew  is  ratified. 


1674. 

February  pth. — Laird  of  Grant  Ids  compositione.  Ludovick  Grant, 
now  of  Freuquhie,  his  compositione  as  are  to  his  father  of  the  baronie  of 
Kirdels  componit  to  the  double  of  the  feudutie. 

Ane  bank  to  be  beat  that  no  inhabitantis  tak  anie  clay  out  of  the 
clay  potts  or  anie  place  of  the  haucheland  of  Elgin. 

June  8th. — Anent  the  coives.  The  counsell  ordaines  that  ilk  cow  and 
calfe  that  enters  the  cattaills  sail  pay  for  summer  grass  and  keeping  sos. 
Scotts  and  none  to  hawe  butt  ane  cow  and  hir  calff  and  non  to  enter 
wther  goods  and  to  be  payit  at  ther  entrie. 

The  peats  castin  be  Gawin  Watsone  in  the  Calffe  ward  ordanit  to  be 
arreist  and  intimat  to  him. 


1674-]  TOWN   COUNCIL  MINUTES.  319 

June  1 5th. — The  Counsell  appoints  the  whole  peats  castine  in  the 
moiss  of  Glasgren  to  be  castin  in  in  the  potts  except  those  that  hawe 
warrand  from  the  Counsell  being  inhabitants  within  this  burgh. 

The  Counsel  condiscendis  that  Mairie  Dunbar,  prissoner  in  the  Inner- 
hous,  inrespect  of  hir  being  ther  with  severall  men  does  out  of  fawour  to 
hir  grant  hir  liberatione  from  the  inner  hous  to  the  hous  abow  the  samyn 
how  sein  the  dore  lock  and  chambers  of  the  said  roume  be  helpit. 

June  22nd. — The  Counsell  appoynts  that  no  howsses  be  buildit  one 
the  trinitie  churche  dyck  in  tyme  cuming  without  the  counsells  ordor. 

June  29th. — This  day  eight  dayes  appoyntit  for  ryding  of  the  marches 
being  the  sext  day  of  July  nixt  to  come. 

July  22nd. — Anent  the  bells.  It  is  condiscndit  that  the  great  bells  be 
onlie  rung  at  the  tyme  of  the  defuncts  deceass  and  instantlie  about  the 
tyme  of  the  lifting  of  the  corpes. 

Tlieis  to  go  to  Mostowie.  Baillie  Innes,  baillie  Chalmer,  James 
Winchester  and  als  many  of  the  toune  as  they  pleas  to  call  to  goe  to 
Mistowie  this  day  and  to  tak  cours  with  the  fire. 

Jo".  Brodie  hes  tane  the  goosecruik.  John  Brodie  hes  taine  the 
Guiscruik  as  it  is  presentlie  pottit  for  three  years  being  6s.  rent  yearlie. 

August  3rd. — Alexander  Brodie  hes  gottin  libertie  to  build  ane  buriall 
place  one  the  syde  of  the  Trinitie  Churche  yaird  dyk. 

September  2 1 st. — Gordon  and  Smith— few  dueties.  Williame  Gordone, 
shoemaker,  agrees  to  pay  6s.  Sc.  yearlie  as  few  deutie  of  his  fore  chop 
presentlie  builded  be  him  to  his  borrow  roods  perteining  to  him  upon 
the  south  syde  of  the  said  burghe  and  Alexander  Smith,  smith,  to  pay 
l6s.  Sc.  as  few  duetie  yearlie  out  of  ane  forehous  or  chopes  buildit  upon 
the  south  syde  of  the  burghe. 

October  19th. — James  Winchester  is  appoyntit  to  sumond  all  thes 
that  traids  with  wnfrie  men.  He  is  also  appoyntit  surveyor  and  collector 
of  the  excyse  this  insueing  year.  The  counsell  appoynts  all  these  that 
sells  brandie  to  be  sumoned  to  Wednisday  nixt. 

November  2nd. — The  baillies  with  the  collector  to  revise  the  toune 
the  morne  for  aill  and  aquavytie  wpon  hand  and  James  Fentone  yr.  to  be 
surveyor  and  James  Winchester  to  survey  till  his  home  cuming. 


32O  RECORDS  OF   ELGIN.  [1675. 

I675- 

January  2nd. — The  Counsel!  hes  past  James  Andersone,  merchant,  of 
ten  pund  Scotts  wherin  he  ves  debtor  to  the  toune  for  the  libertie  and 
frcdome  alloved  him  for  building  his  hbus  to  the  streit. 

March  8th. —  To  wreat  to  the  bishop  of  Rose.  The  clerk  is  appoyntit 
to  wreat  to  the  bishope  of  Rose  to  enter  to  his  lands  of  Barnathills 
wtherwayes  to  giwe  him  ane  chairge  of  horning  and  to  acquant  the 
Laird  Pettindrich. 

March  29th. — To  remember  that  the  Counsell  speak  anent  the 
manses  of  the  colleidgc. 

Ane  bank  to  be  beat  for  keeping  of  the  corne  as  formerlie. 

Collectione  for  Mr.  James  Hamiltonne.  The  Counsell  ordaines  thes 
that  paycs  not  the  cess  for  Mr.  James  Hamiltoune  that  the  baillie  of  ilk 
quarter  goe  along  with  ane  counsel lar  and  collect  the  same  and  wha 
refuses  to  be  presentlie  wardit. 

May  1 2th. — Ane  letter  receawit  fra  Mr.  Robert  Gordone  in  name  of 
his  mother  for  200  cairtfulles  of  peatts  this  year  out  of  Mistowie.  The 
Counsell  grants  libertie  onlie  for  this  year  for  ane  hundreth  cairtes  full 
and  no  longer  to  be  cassin  be  Mosstowe  men  to  be  appoyntit  be  the 
magistrates. 

June  28th. —  To  visit  the  moss  of  Glasgrein.  It  is  appoyntit  that  the 
Counsell  goe  to  Glasgrein  and  wisit  the  moiss  and  arrcist  all  ther  peatts 
that  hes  not  warrand  to  cast  and  to  goe  the  morow  being  Tysday  efter 
sermone  continowit  till  the  nixt  day  anent  the  moiss  and  greines  of 
Mistowie  and  other  places  and  the  peatts  to  be  cassin  in  the  potts. 

July  5th. — John  Glass  dischargit  of  his  fridome.  John  Glas,  flesher, 
as  ane  wnfrieman  is  dischargit  from  treading. 

July  iQth. — The  Clerk  has  receavit  40  merks  for  the  entrie  of  James 
Chalmer  of  Pettinsear. 

August  2nd. — Anent  Glas.  The  Counsell  allowes  taking  Robert  Glas 
out  of  prisone.  He  was  fynt  formerlie  for  dinging  his  vyff  for  going  to 
the  conventicle. 

The  toune  hes  appoyntit  that  ane  pundler  be  appoyntit  and  that  he 
be  payit  for  the  tyme  he  serves. 

September  27th. —  The  crafts  supplication.  Supplicatione  giwin  in  by 
the  deacons  and  representatives  of  the  whole  trades  and  crafts  of  the 


1676.]  TOWN   COUNCIL  MINUTES.  321 

burgh  crawing  that  the  counsel!  would  admitt  to  them  ane  deacon 
conveener  to  be  one  of  their  number,  if  not  alreadie  in  counsell,  who 
might  (for  ane  better  vnderstanding  betuixt  the  said  counsell  and  trades) 
be  ane  instrument  for  obviating  of  misrepresentationes  betuixt  the 
counsell  and  them  and  fpr  settling  the  quiet  and  peace  of  the  people. 
The  magistrates  and  heall  members  of  counsell  did  vnanimouslie  with 
one  consent  for  the  furthering  and  flurishing  of  manufactories  and  trades 
within  the  burgh  grant  the  desyre  of  the  said  supplicatione.  James 
Chalmer,  glover,  one  of  the  present  counsell,  appointed  Deacon  Convener. 

October  nth. — Anent  the  lint  and  the  guard.  Ane  bank  to  be  beat 
anent  the  lint  and  anent  the  guard  and  that  no  servants  but  masters  be 
presented  to  the  guard  and  that  no  stranger  beggeris,  young  or  old, 
reside  within  this  burgh  nor  non  recept  them  vnder  the  pane  of  ten 
punds  toties  quoties  and  imprisonment  of  their  persones. 

October  i8th. — Anent  the  guard  when  Coldcotts  and  vtheris  brak  the 
tolbooth.  Ane  not  of  the  guard  when  Coldcoitts  and  wther  prisoners 
brake  the  prisone  and  escaped  the  sexteint  of  October,  1675  :  William 
Layng  [and  7  others], 

1676. 

January  loth. — Anent  the  ringing  of  the  bells.  The  Counsell  hes 
appoynted  that  the  great  bells  shall  not  be  rung  till  the  thesaurer  giwc 
order  to  ring  them  and  to  pay  405.  for  strangers  for  ilk  ringing  besyd  the 
belmans  paines  and  the  inhabitants  to  pay  tuentie  s.  for  ilk  towing  by 
payment  of  the  officer  the  bell  being  towit  ane  quarter  of  ane  hour  at  ilk 
tyme. 

May  ist. — Caldcotts.  The  counsell  hes  appoynted  that  ane  pairtie  be 
sent  to  search  for  Coldcoitts. 

June  5th. — John  Peddisone,  drumer,  to  gett  onlie  eight  pund  quarterlie 
and  to  serve  the  toune  in  all  other  things  they  have  adoe. 

Baillie  Rutherfuird  for  Cattails.  Baillie  Rutherfuird  hes  accepted 
the  hous  wher  the  cotter  man  duells  upon  the  Cattaills  and  yeard  with 
the  peice  muirland  for  thrie  years  for  payment  of  sex  punds  Scots  yearlie 
with  grase  be  east  and  be  north  the  hous  and  yeard. 

June  1 2th. — It  is  appoynted  that  the  officers  goe  and  search  for 
Alexander  Clerk,  Robert  Elleis  and  George  Gordone  for  breaking  of 

R  I 


322  RECORDS  OF   ELGIN.  [1677. 

ward  and  if  they  cannot  be  apprehendit  ane  bank  to  be  beatt  that  who 
rcsetts  them  or  giwes  them  meat  or  drink  to  be  taken  to  ward. 

June  ipth. — The  Counsell  hes  appoynted  Alexander  Gilbert  to  be 
tane  to  the  tolbuith  till  he  pay  ten  merks  for  the  mortcloath  and  bells  to 
vmquhill  Wm.  Robertsone. 

June  2ist. — Information  to  the  Commissioner.  Informatione  to  the 
Commissioner  of  borrovves :  To  plead  for  ane  ease  of  the  taxt  roll 
in  respect  James  Calder,  laird  of  Muirtoune,  who  wcs  the  great  merchant, 
is  removed  from  us. 


1677. 

January  i5th — Major  Beatman  hes  taikin  the  Marivall  grass  and 
brea  for  the  insueing  year  for  the  dewtie  of  sex  punds  8s.  Scotts. 

May  1 4th. — All  the  brewers  within  this  burgh,  colledge  and  Old 
Milncs  therof  inhibit  and  discharged  from  brewing  in  tyme  comeing  till 
further  order  from  the  Earle  of  Murray. 

July  2nd. — Ane  bank  to  be  beat  that  na  huiks  fie  themselffes  without 
this  burghe  this  harvest  vndcr  the  penneltie  contcnit  in  the  statutes  and 
all  furder  punischment  the  Counsell  sail  inflict. 

August  6th. — The  Counsell  appoynts  the  peattes  cassin  besyd  or  be 
cist  Duffus  hillock  to  be  cassin  in  the  pottes  this  day  be  ane  efternoone. 

John  Mitchell,  glover,  agrees  to  pay  tuo  s.  Sc.  as  feudutie  of  the 
foirchop  buildit  be  him  benorth  the  stair  of  the  peice  land  called  the 
Baikhous. 

August  25th. — The  Counsell  thinkes  necessarie  to  have  ane  guard 
nichtlie  and  whoever  withdraves  him  eftcr  he  is  sumondit  he  is  to  pay 
thrie  punds  without  mitigatione  and  none  but  maisters  to  watche  and 
that  all  the  inhabitants  with  the  guard  sail  have  their  airmes  fixit  and  be 
rcadie  at  the  knell  of  the  bell. 

September  3rd. — John  Torric,  writer,  his  charter  of  the  Calfe  ward 
subscryvit  be  the  Magistrals  and  Counsell  for  which  the  thesaurer  hes 
receiwed  100  merks  of  grassum. 

December  i7th. — The  wolt  under  the  new  church  is  sett  to  Thomas 
Noble,  merchant,  for  payment  of  tuelve  punds  yearlie. 


1680.]  TOWN   COUNCIL  MINUTES.  323 

1678. 

September  Qth. — The  thesaurer  hes  received  100  merks  from  the 
Bishops  of  Ross  and  Galloway  for  their  entrie  to  their  proportione  of  the 
lands  of  Barflethills  with  200  merks  for  bygane  few  duties  of  the  said 
lands,  1670-1678. 

October  8th. — Alexander  Symmer,  cheapman,  Duffus,  admitted  free- 
man on  payment  of  50  merks  Sc.  who  gave  his  oath  with  ten  marks  to 
the  Dean  Gild. 

1679. 

May  1 2th. — The  Counscll  appoynts  Gavin  Watson  to  sett  the  steppis 
ef  Lossie  at  the  Palmerfuird  in  the  same  place  where  they  stood  formcrlie 
and  to  cause  lay  theise  stones  takin  out  of  the  dame  where  they  were 
formerlie  betuixt  this  and  this  day  eight  days  under  the  paine  of  ten 
pundis. 

May  26th. — The  Counsel!  hes  vnanimouslie  condiscendit  that  Mr. 
Collein  McKenzie,  brother  german  to  Sir  George  McKcnzie,  his  Majesties 
advocat,  salbe  established  as  the  toune  of  Elgin's  advocat  and  get  ane 
yeirlie  pension  for  his  paines  which  wes  fiftie  marks  for  himself  and  ten 
merks  for  his  servand  zeirlie. 

July  2nd. — The  Counsell  appoynts  the  thesaurer  to  giw  to  Baillic 
Innes  500  pundis  Scotts  anent  the  action  persewit  be  thame  agaynst 
Myltoune  and  he  agaynst  thame  and  for  defraying  and  paying  the  tounes 
equie  and  missive  dewcs  and  suspending  Miltounes  lawborrowis  agaynst 
the  toune. 

1680. 

January  1 2th. — Act  anent  John  Winchesters  fair  hous.  Supplicatione 
giwin  in  be  John  Winchester,  merchand,  anent  the  building  his  foir  hous 
to  the  street.  The  Counsell  granted  him  libertie  he  not  prejudging  the 
channel!  nor  streat. 

March  I5th. — Act  anent  the  gaird.  The  Counsell  appoynts  from  the 
dait  heirof  allewin  men  to  keip  gaird  in  the  laich  tolbuith  and  to  enter 
therto  be  sewin  aclock  at  night  and  to  continow  till  sex  aclock  wnder 
the  paine  of  fyw  pundis  Scottis  money. 


324  RECORDS  OF   ELGIN.  [1680. 

March  29th. —  Tack  and  raitts  of  the  Scheambills  to  James  Winchester. 
Tack  of  the  scheambills  to  James  Winchester  for  ane  yeir  for  the  soume 
of  thrie  score  punds  Scotts  money  the  raitts  due  to  him  to  be  conform  to 
the  Alphabet  agreed  upon  :  Each  ox  2s.  8d.,  each  cow  2s.,  each  huddrone 
veall  is.  6d.,  each  sucking  veall  is.,  each  suyne  of  the  lairgest  syse  is.  4d., 
each  scheip  8d.,  each  kid  6d.,  each  lamb  4d.  etc. 

June  I4th. — Muirtoimes  entrie.  The  Counsell  appoynts  Muirtoune's 
charter  to  be  exped  and  subscryvit  of  the  lands  of  Boigsyde,  Nether 
Manbein  and  Haughe  therof  Diwellagrein  and  Thrie  Crooks  all  pertein- 
ing  to  the  laird  and  ladie  Pettindreich,  upon  ane  adjudicatione  deducit 
be  him  agaynst  him  he  hawing  submitted  himselff  to  be  counsell  for 
his  entrie. 

June  2 1 st. — Act  and  ivarrand  anent  the  building  of  the  Church.  The 
qlk  day  the  provest,  bailzies  and  counsell  with  consent  and  advyse  of  the 
haill  comunitie  of  the  said  brughe  hawing  met  togither  in  the  southyle  of 
saint  geillis  church  there  ordinar  plaice  of  meiting  for  considering  the 
rebuilding  of  Saint  Geillis  church  within  the  said  brugh  laitlie  fallin  and 
after  dew  consideratione  with  consent  forsd  did  appoynt  and  ordain 
tuentie  monethis  cess  to  be  started  upon  and  wplifted  from  each 
inhabitant  within  the  said  brugh  as  their  proportiones  for  helping  the 
rebuilding  of  the  said  church  and  those  inhabitants  whose  freewill  offerris 
did  not  extend  to  the  said  tuentie  monethis  cess  as  the  samyne  sould  be 
stented  sould  be  lyabell  according  to  the  samyne  stent  and  those  whose 
offerris  exceided  the  said  stent  should  be  preferred  to  haue  seatis  and 
daskis  in  the  said  church  efter  the  magistrals,  counsell  and  heritorris  of 
the  said  parrochin  of  Elgin  were  first  served  whereupon  acted. 

June  28th. —  Visiting  their  marches.  The  Counsell  hes  appoyntit 
Thursday  nixt  being  the  first  of  Julij  be  eight  aclock  to  visite  ther 
mairches. 

July  1 2th. —  Visiting  the  moiss  of  Mostowie.  The  Counsell  appoyntis 
this  efternoone  to  visite  the  moiss  of  Mostowie  and  where  they  find  anie 
peatts  castin  be  anie  that  ar  not  concerned  in  the  toune  they  ordaine  the 
drye  peatts  to  be  led  avay  and  the  grein  and  new  castin  peats  to  be 
castin  in  the  poitts  and  the  whole  inhabitants  to  be  adverteised  to  goe 
and  the  whole  Counsell  with  thame  and  all  that  hes  hors  to  be  chairged 
to  goe  to  the  said  moiss  with  their  hors  and  kairts  for  leading  the  drye 
peatts  ilk  persone  wnder  the  penaltie  of  fyw  punds  money. 


l68l.]  TOWN   COUNCIL  MINUTES.  325 

Dawid  Stewart,  baillie,  hes  the  keyis  of  the  inner  tolbuith. 

August  1 6th. — George  Gray,  officer ;  deposed.  George  Gray,  ane  of  the 
toune's  officers  is  discharged  of  his  office  for  his  negligens  in  permitting 
Thomas  Innes,  sone  laufull  to  Johne  Innes,  glover  in  Elgin,  eschape 
furth  of  the  tolbuith  by  leawing  the  utter  tolbuith  dore  oppin  and 
continowis  what  furder  punischment  the  counsell  sail  inflict  upon  him 
till  the  nixt  sederunt  of  counsell.  Sicklyk  the  counsell  ordaines  that  no 
inhabitant  within  this  burgh  ressait  the  said  Thomas  Innes  unpresentit 
him  to  the  magistrates  wnder  the  paine  of  tuentie  punds  Scottis  money. 

October  nth. — Statute  anent  the  gaird.  The  Counsell  ordaines  that 
no  inhabitant  within  this  burgh  presume  to  send  anie  of  ther  servants  to 
the  gaird  but  that  they  cum  themselvis  except  they  be  from  home 
necessarlie  withdrawin  or  seik,  in  which  caice  they  ar  to  send  ane 
sufficient  aibill  man  for  thame  for  whom  they  will  be  ansuerabill  and 
that  may  please  the  capitanes  under  the  paine  of  405.  and  that  ther 
entric  be  at  the  hour  of  nyne  aclok  at  night  and  to  abyd  till  the  hour  of 
sex  aclock  in  the  morning  in  the  winter  tyme  and  in  the  summer  tyme 
to  begin  at  the  hour  of  ten  aclock  at  night  and  to  abyde  till  the  hour  of 
four  aclock. 

October  25th. — Anent  Myltoune.  Baillies  Innes  to  go  to  Edinburgh 
anent  the  affair  with  Myltoune  [the  Moss  of  Mostowie]. 

December  6th. — Robert  Donaldsones  compositione  anent  Boigsyd.  The 
Counsell  hes  condescendit  that  Robert  Donaldsone's  compositione  for 
entrie  to  the  lands  of  Boigsyde  shall  be  ane  hundreth  punds  Scotts  money. 

December  I3th. —  Wm.  Crombies  feiv  deivtie.  The  Counsell  hes 
componit  William  Crombie  his  few  dewtie  for  his  foir  hous  builded  to 
the  streat  to  6s.  Sc.  yearlie. 

1681. 

March  28th. — Act  anent  Jo".  Findlay.  The  Counsell  appoynt  the 
theasurer  to  pay  to  Johne  Findlay,  marschell,  2os.  Scotts  money  monthlie, 
the  said  Johne  keiping  the  streitts  clean.* 

April  27th. — Modificatione  of  Muirtounes  entrie.  The  Counsell  hes 
modified  Muirtoune's  entrie  to  the  lands  of  Boigsyd,  Nether  Manbeins 

*  Cf.  p.  291,  "Extracts  from  the  Records  of  the  Burgh  of  Aberdeen."  Appoynting  ane 
scaffinger  for  keeping  the  streits  clene. — 2Oth  October,  1675. 


326  RECORDS  OF  ELGIN.  [1681. 

Haugh  therof,  Diwellagreine,  tuo  cruiks  and  Dreich  of  Pettindreich  per- 
tcining  to  the  toune  and  holdine  of  thame  to  200  punds  Scotts  money. 

June  2Oth. — Act  anent  James  Ogilvie.  The  Counsell  suspends  James 
Ogilvie,  measone,  from  working  anie  more  at  the  church  and  declaired 
him  no  frieman  to  work  thereat  or  at  anie  uther  work  within  the  burgh 
and  to  be  set  up  in  the  tolbuith  for  his  neglect  of  the  work  and  his 
miscariadge  to  the  magistrals  and  counsell  and  is  ordained  to  pay  his 
bygone  cess. 

July  iith. — Act  anent  the  comissioner  to  borrowis  and  parliament. 
The  Counsell  to  meet  for  drawing  up  instructiones  for  Johne  Fyff  ther 
comissioner  for  borrowis  and  parliament  and  for  cleiring  of  him. 

August  \%t..—Moiss  of  Mostowie.  The  Counsel  appoyntit  to  sight 
the  moiss  of  Mostowie,  this  day  (if  it  be  drye)  at  one  aclock  in  the 
efternoone,  and,  if  not  drye,  the  morrow  at  nyne  aclock. 

October  3rd. — Precept  to  Johne  Fyff.  Paid  tc  Johne  Fyff  as  superplus 
of  his  accompt  for  being  comissioner  to  the  parliament  and  borrowis 
78  punds  8s. 

Act  anent  raising  James  Donaldsones  tries.  The  Counsell  appoyntit 
Jarnes  Donaklsoune,  merchand,  to  rais  up  those  tries  he  haid  set  without 
his  dyck  in  Lossie  Wync  and  to  lavell  the  grund  and  stones  set  about 
thame  sufficientlie  as  the  samyne  was. 

November  7th. — Anent  the  prissoners  in  the  tolbuith.  Inrespect  of 
the  severall  assaltis  and  breachis  maid  be  Alexander  Andersoune  and 
Alexander  Leith,  prissoners  within  the  tolbuith,  upon  the  said  tolbuith, 
the  counsell  appoynted  tham  to  be  secured  in  the  westmost  laich  tolbuith 
as  the  securest  prissone. 

Act  anent  the  bedler.  The  Counsell  hes  appoyntit  that  the  tuentie 
punds  Scotts  payit  formerlie  to  the  bedler  for  attending  the  knock  and 
ringing  the  great  bell  at  four  aclock  in  the  morning  and  at  eight  aclock 
at  night  and  setting  up  the  candle  in  the  church  and  wther  services  done 
be  the  bedler  and  servand  about  the  church  wherin  the  magistrats  and 
counsell  are  concernit  sail  no  more  be  payit  to  anie  succeiding  bedler 
who  onlie  hes  the  benefite  of  the  littill  bell  for  doing  therof  who  cannot 
extorie  anie  inhabitant  for  the  samyne  which  iff  he  doe  the  magistrats 
and  counsell  are  to  determine  theranent. 

November  28th. — Anent  the  Test.  The  Test  now  as  formerlie  being 
offered  be  the  Provest  to  the  consideratione  of  the  Counsell  and  desyring 


l68l.]  TOWN   COUNCIL   MINUTES.  327 

seriouslie  to  know  ther  mynds  granted  they  all  una  voce  creawed  upon . 
ther  joynt  perrills  ane  littill  longer  speace  to  deliberat  therof  to  which 
the  provest  with  thame  agreed. 

[Blank.]  Solemnlie  swear  in  presence  of  the  Eternall  God  whom  we 
Invocat  as  Judge,  and  witness  of  our  sincere  Intention  of  this  our  oath, 
That  we  owne,  and  sincerelie  profess  the  true  protestant  religion  containt 
in  the  Confession  of  Faith,  recorded  in  the  first  Parliament  of  King 
James  the  Sexth  ;  and  that  we  beleive  the  same  to  be  founded  on,  and 
agrieable  to  the  writtin  vord  of  God.  And  we  promise  and  swear,  that 
we  shall  adhere  therto,  during  all  the  days  of  our  lyftyme,  and  shall 
endeavour  to  educat  our  children  therin  ;  and  shall  never  consent  to  any 
change  or  alteratione  contrar  therto  ;  and  that  we  disown  and  renunce 
all  such  principles,  doctrins  or  practises  whither  popish  or  phanaticall 
which  are  contrary  vnto  and  inconsistant  with  the  said  protestant  religion 
and  Confession  of  Faith  and  for  testificatione  of  our  obedience  to  our 
most  gracious  Soveragne  Charles  the  second  We  doe  affirme  and  swear 
by  this  our  solemne  oath  That  the  King's  Majestic  is  the  only  supreme 
governour  of  this  realme  over  all  persons  and  in  all  causes  as  vcel 
ecclesiasticall  as  civil ;  and  that  no  forraigne  prince,  person,  pope,  prelate, 
state  or  potentate  hath  or  ought  to  have  an  jurisdiction,  power,  supcrioritie, 
preheminence  or  authoritie,  ecclesiasticall  or  civill,  within  this  realme. 
And  therfor  we  doe  utterlie  renunce  and  forsake  all  forraigne  jurisdictions, 
powers,  superiorities  and  authorities,  and  doe  promise  that  from  hence 
forth  we  shall  bear  faith  or  true  allegiance  to  the  King's  Majestic  his  airs 
and  lawfull  successors  and  to  our  power  shall  assist  and  defend  all  rights, 
jurisdictions,  prerogatives,  priviledges,  preheminences  and  authorities 
belonging  to  the  King's  Majestic  his  heirs  and  lawful  successors,  and  we 
farder  affirme  and  swear  by  this  our  solemne  oath  that  we  judge  it 
unlawfull  for  subjects  upon  pretence  of  reformatione  or  any  other  pretence 
whatsoever  to  enter  into  covenants  or  leagues  or  to  convocat,  conveen  or 
assemble  in  any  councils,  conventions  or  assemblies  to  treat,  consult  or 
determine  in  any  mater  of  state,  civill  or  ecclesiastick,  without  his 
Majesties  speciall  command  or  expres  licence  hade  therto  or  to  take  up 
armes  against  the  King  or  those  commissionated  by  Him  :  and  that  we 
shall  never  so  ryse  in  armes  or  enter  into  such  covenant  or  assemblies, 
and  that  their  lyes  no  obligatione  on  us  from  the  Nationall  Covenant  or 


328  RECORDS  OF  ELGIN.  [l68l. 

the  Solemne  League  and  Covenant  (so  comonlie  called)  or  any  other 
maner  of  way  whatsoever  to  endeavour  any  change  or  alteratione  in  the 
government  either  in  church  or  state  as  it  is  now  established  by  the  laws 
of  this  kingdome.  And  we  promise  and  swear  that  we  shall  with  our 
utmost  power  defend,  assist  and  mantaine  his  majesties  jurisdiction 
forsaid  against  all  deadlie,  and  we  shall  never  decline  His  Majesties 
power  and  jurisdictions,  as  we  shall  answer  to  God.  And  finallie  we 
affirme  and  swear  that  this  our  solemne  oath  is  given  in  the  plain 
genuine  sense  and  meaning  of  the  vords  without  any  equivocation, 
mentall  reservatione  or  any  maner  of  evasion  whatsoever,  and  that  we 
shall  not  accept  or  vse  any  dispensation  from  any  creature  whatsoever. 
So  help  us  God.  George  Cuming,  provest.  Dawid  Stewart,  bailie.  John 
Spens,  Bailzie.  P.  Chalmer,  bailzie.  A.  Russell,  Bailie.  Jon  :  Fyff, 
Dean  of  Gild.  J.  Wynchester,  thesr.  Ja :  Wysman  on  of  the  counsell. 
J.  Torrie  one  of  the  counsell.  Thomas  Wood  on  of  the  Counsell. 
J.  Chalmer,  Toune  Clerk. 

[Blank.]  Solemnlie  swear  in  presence  of  the  Eternall  God  whom  we 
invocat  as  judge  and  witness  of  our  sincere  intentione  of  this  our  oath 
That  we  owne  and  sincerlie  profess  the  true  protestant  religion  containt 
in  the  Confessione  of  faith,  recorded  in  the  first  parliament  of  King 
James  the  sexth  ;  and  that  we  beleiwe  the  same  to  be  founded  on  and 
agreeable  to  the  vrittin  word  of  God,  And  we  promise  and  swear  that  we 
shall  adhear  therto  during  all  the  days  of  our  lyftyme  and  shall  endeavour 
to  educat  our  children  therin  and  shall  never  consent  to  any  change  or 
alteratione  contrary  therto,  And  that  we  disowne  and  renunce  all  such 
principles,  doctrins  or  practises  whether  popish  or  phanaticall  which  are 
contrary  unto  and  inconsistent  with  the  said  protestant  religion  and 
confession  of  faith  and  for  testificatione  of  our  obedience  to  our  most 
gracious  Soveragne  Charles  the  second  we  doe  affirme  and  swear  by  this 
our  solemne  oath  that  the  King's  majestic  is  the  only  supreme  governour 
of  this  realme  over  all  persons  and  in  all  causes  as  veel  ecclesiastical!  as 
civill  and  that  no  forraigne  prince,  persone,  pope,  prelate,  state  or  potentat 
hath  or  ought  to  have  any  jurisdictione,  power,  superioritie,  preheminence 
or  authoritie,  ecclesiasticall  or  civill,  within  this  realme  ;  And  theirfor  we 
doe  vtterlie  renunce  and  forsake  all  forraigne  jurisdictions,  powers, 
superiorities  and  authorities,  and  doe  promise  [ut  supra]. 


1682.]  TOWN   COUNCIL  MINUTES.  329 

Jo :  Muirsone,  clerk  to  the  crafts.  John  Warden,  deacon  of  the  glovers. 
John  Burges,  Deacon  of  the  hamer  craft.  William  Edward,  Deacon  of 
the  Taylors  William  Layng,  Deacon  of  the  Shoemakers.  [Signed  also 
by]  James  Nachtie  [and  18  others]  who  all  subscribe  at  the  comand  of 
the  clerk  to  the  crafts.  [James  Chalmer,  notary  public  and  town  clerk, 
adds  the  names  of  27  persons,  "  because  they  cannot  wreat,  except 
Alexander  Winchester,  who  subscryweth  A.  W."] 


1682. 

January  i6th. — Gaird.  The  counsell  appoyntis  sewin  upon  gaird 
nightlie  to  goe  through  the  toune.  The  thesaurer  is  appoyntit  to  giw 
the  officers  for  watching  the  prissoners  in  the  tolbuith  245.  Scotts. 

January  zyd.— James  Sinclars  entrie.  The  counsell  set  in  few  to 
James  Sinclair  in  the  colledge  of  Elgin  and  his  airs  fourscore  foot  of 
lenth  from  without  the  wall  of  the  south  syde  of  the  east  port  eastward 
to  14  foot  of  breadth  for  the  yearlie  payment  of  2os.  Sc. 

January  3Oth. — New  dore  of  the  laich  tolbuith.  The  Counsell  ordaines 
the  thesaurer  to  caus  mak  ane  new  doubill  wanscot  dore  to  the  laich 
tolbuith  in  plaice  of  the  former  dore  brunt  be  Alexander  Andersone  in 
Garmoch. 

Anent  the  lock  of  the  said  dore.  The  Counsell  is  to  consider  agayne 
the  nixt  counsell  day  who  sail  pay  for  the  new  lock  of  the  forsaid  dore 

brokin  be Brodie,  who  was  imprissoned  therin  for  stealling  Williame 

Crombie,  merchant,  his  seek. 

Thomas  Young  admitted  gr aw  caster.  The  Counsell  admitts  Thomas 
Young,  indueller  within  this  burgh,  to  officiat  as  ane  of  the  casters  of  the 
grawes  for  the  dead  in  plaice  of  Johne  Peddisoune  during  their  pleasur. 

The  Counsell  appoynts  that  ane  banck  goe  through  the  toune  be 
touk  of  drum  that  no  wnfrieman  brew  under  the  penalties  contenit  in 
the  statutis. 

February  2Oth. — Drummer  choisin.  George  Hay  in  Blackhills  chosen 
drummer.  He  is  to  mantein  the  drum  by  stickis  and  all  uther  necessar 
and  is  to  have  from  the  toune  quarterlie  aught  punds  Scotts  money. 

Precept  anent  Dunbar.  The  Counsell  appoynt  Johne  Dunbar, 
merchant  in  Edinburgh,  ane  distressed  merchant  four  markis  Scotts 

s  i 


330  RECORDS  OF  ELGIN.  [1683. 

money  conforme  to  ane  precept  to  be  granted  to  him  be  ane  of  the 
baillies  upon  Johne  Innes,  merchant,  as  collector  of  the  furnicators  ther 
fynes. 

Baillie  Spens  tack.  Johne  Spens,  baillie,  hes  tackin  the  grass  of  the 
Marievall  for  ane  yeir  paying  aught  marks  Scotts  money. 

April  3rd. — Postmaister.  Archibald  Stewart,  merchand,  appoyntit 
postmaister  as  to  the  rydding  horse  for  the  use  of  strangers  and  for 
that  effect  to  be  regulat  be  the  magistrats  as  to  the  pryces. 

Act  anent  Thomas  Murray,  kaird.  Thomas  Murray,  kaird,  is  licencit 
be  the  magistrats  and  counsell  to  work  in  the  toune  he  deporting  himself 
civillie  and  that  during  the  magistrats  there  pleasur. 

May  ist. — Act  anent  burges  bills.  The  Counsell  appoynts  heirefter 
that  all  burges  bills  to  straingers  be  sealled  with  the  littill  seall  with  wax 
upon  the  margin  or  end  therof. 

December  4th. — The  Counsell  appoyntit  James  Wysman,  baillie, 
Johne  Torrie  and  James  Chalmer,  clerk,  with  four  men  furth  of  each 
quarter  airmid  to  goe  through  the  marcat  anent  the  acts  of  brugh  and 
homzald. 

1683. 

January  3ist. — Anent  the  Earle  of  Murrayis  entrie.  The  Counsell 
appoyntit  James  Chalmer,  clerk,  to  goe  with  ane  baillie  and  taik  the 
Earle  of  Murray  his  saisingis  and  his  sones  Sir  Charles  Stewart  in  fye 
of  the  Lands  of  Diwellagrein,  Nether  Manbeins,  Haugh  therof  and 
Boigsyd  holdin  of  the  brugh  of  Elgin  conforme  to  tua  charteris  conten- 
ing  ane  novodamus  of  the  saids  lands  grantit  be  the  magistrats  and 
counsell  of  Elgin  to  thame.  David  Stewart,  commissar  of  Murray, 
makes  payment  therefor  of  £200  Scots  money  to  James  Winster,  clerk 
of  the  burgh. 

February  I2th.  —  Anent  the  Marschells  cloithis.  The  counsell  ap- 
poyntit the  thesaurer  to  giwe  the  marschell  cloithis. 

March  I2th. — Baillie  Wysman 's  tack  of  the  Cattails.  James  Wysman, 
baillie,  hes  taikin  the  provest  and  James  Andersounes  pairts  of  the 
Cattails  payand  for  boith  yeirlie  sex  punds  Scotts. 

March  igth. — Thrie  punds  Scotts  to  be  given  out  of  the  penalties 
to  Thomas  Mylne,  Rymer,  ane  poor  old  man. 


1683.]  TOWN  COUNCIL  MINUTES.  33! 

April  1 6th. — Anent  the  remowall  of  scheip  and  cowis  and  anent  draff. 
The  Counsell  appoyntit  ane  bank  to  goe  throughe  the  toune  this  day  be 
the  drummer  for  remowing  the  cowis  and  scheep  and  that  no  draff  goe 
out  of  the  toune  but  to  such  burgesses  as  bear  burding  wnder  the 
penalties  contenit  in  the  statutis. 

Act  anent  Lykvakis.  *  The  Counsell  appoyntit  ane  banck  to  goe 
through  the  toune  upon  Frydday  nixt  for  adverteissing  all  the  inhabitants 
within  this  burgh  or  territories  therof  that  none  presume  to  cum  to 
lykvakis  but  such  as  ar  the  relationes  and  freindis  of  the  defunct  or 
particularlie  called  under  the  payne  of  fywe  pundis  toties  quoties. 

April  3<Dth. — Lord  Duffus  entrie.  The  said  day  James,  Lord  Duffus, 
entered  to  Mostowie  be  precept  of  clare  constat  as  air  to  his  father  for 
the  duplicando  which  is  tuentie  ane  pund  133.  46.  payed  to  the  thesaurer. 

May  28th. — The  Counsell  taik  to  advyse  anent  Kinminities  and  sones 
entrie  to  the  lands  of  Mostowie.  The  son  is  a  minor. 

July  i6th. — Act  anent  presenting  plaiding  to  tlie  marcat.  The  Counsell 
appoyntit  ane  bank  to  goe  through  the  toune  upon  the  marcat  ewin  nixt 
at  ane  aclock  appoynting  all  plaiding  webbis  to  be  presented  to  the 
marcat  be  tuo  aclock  in  the  efternoone  and  not  to  be  concealled  in 
houses  nor  buithis  wnder  the  payne  of  four  punds  Scottis  for  ilk  web 
that  salbe  concealled  or  saised  upon. 

July  23rd. — Ratificatione  of  Archibald  Stewarts  Act.  The  Counsell 
ratifies  the  Act  grantit  in  favouris  of  Archibald  Stewart  as  postmaister 
and  ordainit  ane  alphabet  to  be  drawin  to  him.  The  Counsell  grants  to 
him  full  power  and  priviledge  of  being  postmaister  of  all  hyring  horses 
in  the  imployment  of  ryding  within  this  burgh  with  all  the  profeits, 
dewis,  emoluments,  benefitts  and  casualities  due  and  payabill  for  the 
samyne  be  the  maisters,  winners,  servants  and  followers  of  horses  so  to 
be  hyrid  .  .  .  with  power  to  the  said  Archibald  Stewart  to  exact 
payment  thereof  from  the  respective  hyrers  from  tyme  to  tyme 
immediatlie  efter  there  severall  imployments  in  and  gaining  of  their 
saids  hyres  and  to  force,  constraine  and  compell  thame  to  serve  the 
leidges  at  the  ordinar  raitts  usuall  and  acustomat  and  iff  neid  beis  upon 
warrand  from  ane  magistral  to  peynd  and  disrenzie  ther  goods  and  geir 

*  Cf.  p.  173,  "  Extracts  of  the  Records  of  the  Burgh  of  Aberdeen."  Renewal  of  Acts  anent 
lykewakes,  whereby  only  "ten  or  tuelff  persons  of  the  neirest  freinds  and  nichtbours"  were 
allowed  to  be  present,  and  "  that  there  be  no  droges,  or  deserts  or  singing."  (Z4th  March,  1658.) 


332  RECORDS  OF  ELGIN.  [1683. 

or  imprisone  ther  persounes  for  reduccing  thame  to  ther  due  obedience, 
excepting  furth  of  this  present  act  and  commissione  power  and  libertie 
to  the  saids  hyrerS  to  hyre  there  horses  betuixt  the  rivers  of  Spey  and 
Ness  to  anie  inhabitant  within  the  brugh  of  Elgin  as  occasione  sail  offer 
for  which  they  are  novyis  to  pay  anie  dewatie  to  the  said  Archibald 
Stewart. 

Anent  ttie  marcat.  The  Counsell  appoyntit  John  Fyff,  Deangyld, 
and  James  Stewart  with  his  clerk  to  visite  the  marcat  being  Sanct 
James  Day,  1683. 

[About  this  period  the  place  of  meeting  of  the  Town  Council  is 
seldom  given.  However,  the  minute  of  one  meeting  thus  begins :  "  At 
Elgin  and  within  the  South  Isle  of  Sanctgeil's  church  therof  the  forsaid 
tuentie  third  day  of  July,  1683  yeirs,  a  meeting  anent  James  (Turning's 
yaird,  etc."] 

August  1 3th. — Act  anent  the  cornis.  The  Counsell  appoyntit  ane 
bank  to  be  bet  be  the  drummer  throughe  the  toune  intimating  to  all  the 
inhabitants  therof  as  also  to  all  maisters,  servants,  prenteisses,  scholers, 
children,  hyrers,  nor  no  other  persoune  whatsumewer  that  they  nor  none 
of  them  presume  to  goe  to  the  feilds  in  the  summer  tyme  to  destroye  the 
cornis  of  whatsumewer  graine  especiallie  peas,  beanis,  whyt  and  grein  rye 
in  tyme  cuming  either  by  cutting,  eatting,  pulling  or  destroying  the 
samyne  each  persoune  wnder  the  paines  contenit  in  the  former  statuts 
with  this  addition  that  ilk  hyrer  and  kerter  being  convict  salbe  lyabill  in 
the  soume  of  fywe  punds  money  for  the  first  fait  and  in  the  soume  of  ten 
punds  money  for  the  secound  fait  and  banischment  from  this  brugh  and 
territories  thereof  and  warding  ther  persounes  wntill  they  remow  therfra 
and  each  parent  of  children,  maister  of  fyalls  and  uther  prenteisses  be 
lyabill  for  ther  fynes  as  iff  they  war  the  remitters  therof  themselffis. 
Lykas  the  baillies  ar  appoyntit  to  intimat  the  samyne  to  the  maisters 
of  the  Grammer  and  Musick  schoolls. 

Act  anent  the  bitches.  Sicklyk  that  no  bitches  be  keipid  within  brugh 
wnder  the  paine  of  sex  punds  money  by  and  attour  the  reparatione  of 
what  damnadge  the  inhabitants  sail  happin  to  sustaine  therthrough  and 
both  actis  to  be  addit  to  the  statuts. 

August  2Oth. — Act  anent  Thomas  Allane.  The  counsell  upon  ane 
supplicatione  giwin  in  be  Thomas  Allane,  pewterer,  supplicating  for  his 
friedome  within  the  said  brugh  did  wpon  the  acompt  of  his  preterite 


1684.]  TOWN   COUNCIL  MINUTES.  333 

good  behawiour  and  honest  cariage  in  his  calling  within  this  brughe  and 
their  expectatione  therof  for  the  future  grant  the  samyne  to  him  and  as 
gyld  brother  gratis  and  ordanit  the  clerk  to  giw  him  his  bill  boith  as 
frieman  to  the  toune  and  gyldrie. 

August  27th. — Precept  anent  John  Fraser.  The  Counsell  appoyntit 
the  clerk  to  grant  precept  to  Johne  Innes,  collector,  of  the  penalties  for 
sex  punds  Scottis  to  Johne  Fraser,  ane  merchant  that  was  taikin  be  the 
Turkis. 

October  1st. — Anent  the  marcat.  The  counsell  appoyntit  James 
Winchester  and  John  Torrie  with  the  clerk  to  visite  Michaell  marcat 
who  ar  to  haue  with  thame  Fetter  Hatmaker  and  tuell  men. 

October  22nd. — The  counsell  appoyntit  the  baillies  to  goe  through 
ther  severall  quarters  this  week  for  searching  the  houses  for  lint,  hemp 
and  wther  combustabill  maitter  and  wher  they  find  anie  such  to  mak 
cesar  therof  to  the  officers. 

November  26th. — Act  anent  Naughtie.  George  Cuming,  provest, 
gaw  in  ane  complaint  to  the  magistrats  and  counsell  complaining  upon 
James  Naughtie,  yr.,  turner  in  Elgin,  that  wher  the  said  James  Naughtie 
did  most  baislie  abuse  the  said  provest  by  manie  opprobrius  speiches  and 
particularlie  (ther  being  certane  honest  men  drinking  in  ane  roume  and 
becaus  they  wald  not  permit  him  access)  he  said  he  wald  be  himselff  in 
though  the  provest  of  Elgin  war  there  and  Naughtie  compeiring  confest 
the  samyne  and  pat  himself  in  the  magistrats  and  counsell  ther  will,  who 
for  abusing  his  magistrat  did  fyne  him  in  fourtie  punds  to  be  instantlie 
payed  and  ordanit  him  to  stand  in  the  jowggis  at  the  trie  in  the  fisch 
marcat  during  the  magistrats  pleasure  in  example  of  uthers. 

1684. 

February  i8th. — The  Counsell  dispensit  with  the  mortcloth  and  bells 
to  Margaret  Lesly  in  respect  scho  was  last  ane  bailies  wyff. 

The  Counsell  appoyntit  Thomas  Wood  as  hospitall  Mr.  to  advance 
to  William  Brodie,  smyth,  militiaman,  sex  punds  Scotts  money  to  help 
to  pay  the  caire  for  healling  his  leg. 

May  1 2th. — The  Counsell  grantit  ane  tack  of  the  grass  of  the  Chanrie 
church  yaird  to  [blank]  for  this  yeir,  1684,  for  payment  of  ten  marks 
Scotts  money. 


334  RECORDS  OF  ELGIN. 

June  2nd. — The  Counsell  appoyntit  Baillie  Russell  with  the  clerk  and 
sum  uther  few  persones  to  visile  this  Tarintie  mercat  nixt. 

The  magistrats  ordaines  Alexander  Ogilvie  to  close,  glas  and  tirle 
his  windowis  opposite  James  Donaldsoune  his  close. 

[On  spth  October,  1683,  James  Donaldson  produced  before  the  Town 
Council  a  decreet  of  the  Lords  of  Council  and  Session  of  date,  5th 
February,  1678,  whereby  the  said  James  Donaldson  has  liberty  to  build 
within  his  own  close  within  an  eln  of  the  back  wall  of  John  Ogilvie's 
house  but  no  nearer.] 

June  pth. — The  Counsel!  appoynts  the  tounes  marches  at  the  west 
to  be  visited  the  tent  instant  be  eight  aclock  in  the  foirnoone  and 
appoyntit  the  officers  to  adverteis  the  inhabitants  to  goe  along  with 
the  magistrats. 

June  i6th. — The  Counsell  appoyntit  Saturday  nixt  for  wishing  the 
tounes  east  mairches  be  eight  aclock  in  the  morning  and  the  magistrats 
and  counscll  to  have  along  with  thame  sum  of  the  old  inhabitants  best 
known  therwith. 

August  4th. — Act  anent  unfriemen.  The  counsel!  appoyntit  each  one 
of  the  militia  men  that  are  put  of  to  pay  fyftie  marks  Scotts  money  for 
ther  friedome  and  for  that  effect  appoyntit  the  thesaurer  to  caus  chairge 
them  all  to  the  court  agaynst  Wednesday  nixt. 

August  25th. — Act  anenl  the  marcats.  The  Counsell  appoyntit  the 
baillies  [and  others]  to  settill  anent  the  fairres  of  this  burgh  and  to  giwe 
aiie  acompt  whow  the  samyne  may  stand  with  uther  marcats  for  giwing 
notice  therof  to  Johne  Forbes,  printer  at  Aberdeen. 

October  6th. — Anent  the  tounes  compts  to  the  Counsell.  The  counsell 
appoyntit  Robert  Innes,  baillie,  and  James  Wysman,  baillie,  with  the 
clerk  to  draw  the  tounes  chairge  and  dischairge  to  the  counsell  of 
Scotland  of  the  tounes  commoune  good. 

Act  anent  the  imprissoning  of  the  Non-Conformists.  The  Counsell 
in  order  to  the  sentence  pronunced  be  the  magistrats  agaynst  the  non- 
conformists appoyntit  the  persounes  of  Elizabeth  Mairtin,  Jeane  and 
Kaithrein  Brodies  to  be  put  in  prissoune  and  the  counsell  irtstantlie  to 
sie  the  samyne  done.  The  which  day  immediatlie  efter  counsell  the 
magistrats  and  counsell  with  the  officers  did  mak  search  for  the  whole 
forsaid  three  persounes  and  finding  none  of  thame  but  Jeane  Brodie  war 
going  to  put  hir  in  ward  but  Alexander  Thomsoune  promesit  to  present 


1685.]  TOWN   COUNCIL   MINUTES.  335 

hir  unto  the  saids  magistrats  on  Wednesday  therefter  under  all  hiest 
paine  and  to  releiwe  thame  of  what  prejudice  they  micht  incur  be  hir 
am'e  maner  of  way  whatsumever  and  sicklike  they  having  searchit  the 
hous  of  Kathrein  Brodie  and  not  finding  hir  protestit  agaynst  William 
Brodie,  hir  husband,  personallie  present  that  he  micht  be  lyabill  for  all 
prejudice  they  might  sustain  theranent  as  said  is  and  ordainit  him  to 
present  hir  upon  Wednesday  nixt  under  all  hiest  paine  conteinit  in  the 
Acts  of  Parliament  as  also  hawing  searchit  the  hous  of  Elizabeth  Mairtin 
and  not  finding  hir  protestit  vt  supra  and  caussit  cite  hir  at  hir  hous 
agayne  Wednesday  nixt  and  thir  things  war  done  about  ten  aclock  in 
the  foirnoone.  Witnesses :  Johne  Gerrie,  James  Winchester,  Johne  Fyff 
and  Thomas  Wood,  burgesses  of  Elgin. 

November  3rd.  —  Schembills.  Upon  consideratione  Johne  Glass, 
flescher,  is  ane  excommunicat  papist,  the  counsell  denudes  him  of  having 
anie  tack  of  the  schembills. 

December  ist. —  Visitatione  of  Andersmes  marcat.  Baillie  Stewart  to 
visite  Andersmes  marcat. 

December  22nd. — The  thesaurer  appoyntit  to  giwe  everie  one  of  the 
officers  tuell  schillings  Scotis  as  ther  Christines  waiges. 

1685. 

January  28th. — The  said  day  the  counsell  appoyntit  the  address  maid 
to  the  Lords  of  his  Majesties  Counsell  and  Justiciarie  to  be  bookit  con- 
forme  to  the  tenor  therof  in  maner  efter  specifiet :  Elgin  the  28  of 
Januarij  1685.  The  which  day  conveined  in  the  commoune  counsell  of 
the  said  brughe  the  haill  foirnamit  persounes  of  Counsell  who  in  con- 
sidderatione  that  his  Majesties  affaires  call  for  sum  present  supplie 
(besydes  that  imposed  be  Act  of  Parliament)  hawe  with  unanimous 
consent  and  with  the  chearfull  and  vnanimous  consent  of  the  haill 
burgesses  and  inhabitants  of  the  said  burgh  frielie  and  villinglie  offered 
as  by  this  their  present  act  they  all  in  one  voice  freelie  and  willinglic 
offer  giw  and  grant  for  his  Majesties  service  and  vse  thrie  monethis  cess 
according  to  the  present  valuatione  of  the  said  brughe  to  be  payit  at  the 
terrne  of  Candlemes  next  insueing  which  they  humblie  beseich  the  lords 
of  his  Majesties  Counsell  and  Justiciarie  vested  with  his  Majesties 
commissione  in  this  plaice  maybe  pleased  to  accept  as  ane  present 


336  RECORDS  OF   ELGIN.  [1685. 

demonstratione  of  their  loyaltie,  obedience  and  affectione,  promeising 
there  present  and  future  fidelitie  and  alledgiance  for  which  and  the  readie 
observing  of  his  Majesties  lawis  and  actis  of  parliament  they  ar  most 
willing  in  the  strickest  manner  to  subscrywe  ane  obligatione  apairt  which 
is  to  them  heirwith  to  be  presentit  and  delywered  and  for  forder  securitie 
of  making  the  premisses  effectuall  thir  presentis  is  subscryvit  at  comand 
of  the  provest,  baillies  and  counsell  be  me  James  Chalmer,  clerk  of  the 
said  burgh. 

February  i6th. — Note  of  delywerie  of  warrands  to  the  thesaurer  anent 
liberating  persounes  furth  of  the  tolbuith.  The  said  day  ther  was  four 
severall  warrands  of  the  respective  daitts  efter  specifiet  delywerit  to 
James  Winchester,  thesaurer,  for  setting  the  persounes  wnder  designed 
at  libertie  out  of  the  tolbuith  of  Elgin  all  sub1,  be  John  Andersone, 
Clerk  to  the  Commissioners  of  Counsell  and  Justiciarie,  on  wherof  daittit 
the  fourt  of  Februarij  instant  for  releiwing  of  James  Brand,  weawer  in 
Urqr'.,  ane  uther  daittit  the  tuentie  nynt  of  Januarij  last  for  liberating  of 
Robert  MacDermit  and  the  uther  two  on  wherof  for  selling  Christane 
Lesley  law11,  dochter  to  wmq11.  Mr.  Williame  Lesley  of  Aikenvay,  and 
the  uther  for  setting  Jeane  Tailzour  at  libertie  boith  daittit  the  allewint 
day  of  Februarij  instant. 

March  2nd. —  Warning  against  Tfiomas  Nobill.  The  counsell  ap- 
poyntit  James  Winchester,  thesaurer,  to  wse  ane  warning  agaynst 
Thomas  Nobill  and  his  daughter  from  the  church  wolt  and  to  arrest 
what  plenishing  he  haid  therin. 

Arrestment  on  the  work  without  the  Est  port.  Sickly k  appoyntit  to 
arrest  the  work  that  was  bigging  without  the  east  port  be  James  Baxter 
perteining  to  the  toune  which  was  formerlie  possest  be  wmq".  Thomas 
Law,  hyrer. 

March  i6th. — James  Wysman,  baillie,  gaw  in  ane  complaynt  upon 
Williame  Wardone,  elder,  glower  for  his  horrid  cursing  of  all  that  maid 
chois  of  James  Wysman  as  ane  judge.  Two  witnesses  deponed  that 
they  heard  Warden  say  that  he  wald  kill  Wysman  betuixt  the  pleugh 
stiltis  and  taik  his  soule  out  of  his  syd  and  cut  it  in  thrie  peices.  The 
counsell  ordaines  the  officers  to  mak  present  search  for  him  and  set  him 
in  prissone  ad  avisandum  to  the  sentence. 

March  3Oth. — The  counsell  hes  set  the  grass  growing  in  the  Trinitie 
churchyaird  to  James  Wysman,  baillie,  for  thrie  yeiris  paying  aught 


1685.]  TOWN   COUNCIL  MINUTES.  337 

marks  Scotts  money.  The  counsell  appoyntit  the  thesaurer  to  dispose 
of  the  aisch  trees  in  the  Trinitie  churchyaird  to  be  sold  to  the  best  availl 
and  to  be  imployed  for  building  ane  pairt  of  the  dyckis  of  the  said  yaird. 

April  6th. — The  thesaurer  to  speak  to  ane  measoune  for  building  the 
Trinitie  church  yaird  dyck. 

William  Warden  his  sentence.  The  counsell  anent  the  former  com- 
playnt  giwin  in  agaynst  William  Wardone,  elder,  be  baillie  Wysman, 
haw  declairid  his  friedome  null  and  taikin  the  samyne  from  him  and 
ordainit  him  to  delywer  up  his  burgess  bill  to  the  clerk  and  decernit  him 
to  mak  payment  to  the  thesaurer  of  thriescore  punds  Scotts  money 
instantlie  and  ar  to  advyse  anent  his  personall  punishment  the  nixt 
counsell  day. 

April  1 3th. — Act  anent  the  building  of  the  Trinitie  Church  yaird  dyck. 
Forsameikill  as  this  burghe  is  presentlie  about  to  repair  the  yaird  dyck 
of  the- Trinitie  church  and  for  that  end  to  dispose  of  the  haill  steam's  and 
rubisches  alreadie  led  and  to  be  led  from  Sanct  Geils  Church  it  is  therfor 
appoyntit  be  the  counsell  that  publicatione  be  maid  be  touk  of  drum 
throughe  the  brughe  inhibiting  ane  persoune  to  presume  to  build  or 
erect  anie  more  monuments  heirafter  without  designment  from  the 
magistrals  and  when  so  designit  that  the  samyne  sail  not  be  of  the 
stones  aither  of  the  said  old  Cathedrall  or  of  those  led  or  to  be  led  from 
Sanct  Geills  church  and  with  furder  certifiqatione  that  those  that  does 
not  enter  and  continow  in  building  of  their  monuments  wpon  libertie  as 
said  is  betuixt  and  the  last  day  of  Julij  next  bringing  alwayis  the  stones 
from  the  quarrie  they  salbe  simpliciter  debarrid  not  onlie  till  they  get 
libertie  but  also  wntill  they  pay  ane  compositione  for  the  samyne 
(counsellors  onlie  to  be  exceptit)  and  except  as  to  the  stones  as  also 
accepting  alwayis  the  spaice  of  tuentie  foot  or  therby  opposit  to  wmq11. 
James  Tarres  gait  appoyntit  for  ane  monument  to  Patrik  Chalmer, 
baillie,  and  James  Wysman,  baillie,  and  their  families. 

April  20th. — Act  anent  Kaithrein  Patersone.  The  counsell  appoyntit 
Kaithrein  Patersoune,  spous  to  William  Clerk,  post,  to  be  set  at  libertie 
wpon  hir  subscrywing  an  act  for  hir  good  and  peaceable  behaviour  to 
Robert  Mairtin,  tailzour,  his  wyff  and  familie  in  tyme  cuming  wnder  the 
paine  of  perpetuall  banischment  from  this  brughe  and  haill  territories  therof. 

May  25th. — Gaird.  The  counsell  in  respect  of  the  troublis  in  the 
countrey  and  kingdome  appoyntit  tuentie  men  nightlie  upon  the  gaird 

T  I 


338  RECORDS  OF  ELGIN.  [1685. 

who  ar  to  enter  at  nyne  aclock  at  night  and  to  continow  till  four  aclock 
in  the  morning  and  ordainit  all  of  thame  to  be  sufficientlie  airmid  and 
begin  this  night. 

June  8th. — It  being  complained  that  the  guiding  and  dung  in  the 
gutter  at  the  end  of  the  Lossie  Wynd  perteining  to  this  burghe  was 
taikin  avay  be  Alexander  Dunbar,  tennent  in  the  borrow  brigges,  he 
being  present  dcnyed  the  sannyne.  Thomas  Watsoune,  maltman,  com- 
peired  and  tuik  ane  thrie  yeiris  tack  of  the  said  guiding  and  dung  paying 
333.  4d.  Sc.  at  ilk  Mertimes. 

June  1 5th. — The  counsell  appoyntit  the  baillies  with  the  thesaurer  to 
meit  this  efternoone  for  modelling  the  gaird  nightlie.  The  counsell 
appoyntit  baillie  Innes,  baillie  Chalmer  and  Collein  Innes  to  meit  with 
Thomas  Smyth,  smyth,  for  agreeing  with  him  for  making  the  partizans 
and  halberts.  The  counsell  appoyntit  threttie  men  upon  guard  during 
the  marcat  tyme. 

July  1 3th. — The  counsell  giw  28s.  Scotts  to  Williame  Brodie,  smyth, 
ane  seick  sojor. 

July  27th. — Anent  the peatcasters  of  Mostowie.  The  counsell  appoyntit 
the  peat  casteris  in  Mostowie  to  be  all  cited  to  ane  court  to  be  holdin 
within  the  tolbuith  of  Elgin  Frydday  nixt  and  appoyntit  the  baillies  to 
fyne  each  persoune  fund  guyltic  of  holling  of  peattis  or  fir  to  anie 
persoune  except  to  the  inhabitants  of  the  said  brugh.  The  counsell  did 
allow  and  approwe  of  James  Wysman,  baillie,  his  casting  of  peatts  in  the 
moiss  of  Glasgrein  this  yeir. 

August  loth. — Anent  Linkvood's  ryat.  The  said  day  the  counsell 
continowit  ther  verdict  anent  Linkvood's  ryat  in  throwing  doune  the 
Trinitie  Churchyaird  dycks  till  the  rest  of  the  magistrats  sould  be 
present  and  the  counsell  more  full. 

August  24th. — The  counsell  ordainit  the  thesaurer  to  speak  to  Baillie 
Donaldson  and  his  sone  to  bring  home  metts,  weights  and  measures  to 
this  brugh  (conforme  to  the  proclamation  emitted  be  the  Counsell  of 
Scotland  theranent)  and  appointed  the  great  bell  to  be  sighted  in  respect 
of  some  defects. 

August  25th. — The  counsell  ordainit  instructiones  to  be  drawn  up  for 
raising  letters  against  John  Spens  in  Main  for  wounding,  stricking, 
beating,  blood  and  blae  giving  to  William  and  James  Nivens  and  John 
McAndrew,  hyrers,  upon  the  ground  of  the  Cattaills  being  within  the 


I686.J  TOWN   COUNCIL  MINUTES.  339 

liberties  of  the  burgh  of  Elgin  and  for  his  deed  of  intrusion  upon  their 
liberties  by  destroying  their  grasse  with  his  bestiall  and  against  Alexander 
Grant,  shereff  clerk,  for  his  frequent  oppression  of  the  inhabitants  and 
against  Robert  Gibson  of  Linkwoods  for  ane  ryot  comitted  be  him  in 
throwing  down  ane  slap  in  the  Trinity  Churchyard  dyke  lately  builded 
up  be  the  magistrats. 

September  7th. — The  Counsell  decerned  Thomas  Stevin,  merchant, 
to  pay  ane  dollar  to  the  thesaurer  for  his  absence  from  the  guard 
Saturday  last  at  night. 

September  I5th. — The  Counsell  appoyntit  the  haill  none-con  form  ists 
within  this  burgh  that  have  not  sett  caution  for  there  future  behaviour 
in  frequenting  the  ordinances  conform  to  the  acts  of  Parliament  and 
Counsell  anent  church  regularities  to  be  instantlie  imprisoned  according 
to  the  list  given  to  the  officers. 

October  I2th. — The  counsell  appoyntit  ten  furth  of  each  quarter  for 
giwing  ane  wolley  schot  at  the  croce  on  Wednesday  next  efter  sermone 
to  be  ordered  be  Johne  Duff,  deangyld,  and  Collein  Innes.  The  counsell 
appoyntit  the  baillies  to  revise  their  quarters  and  to  taik  notice  who  hcs 
or  wants  airmis.  The  counsell  ar  to  have  their  thoughts  agayne  the  nixt 
counsell  anent  the  distributione  of  the  halberts. 

October  ipth. — This  day  the  gaird  begun. 

November  2nd. — The  Counsell  did  modifie  Linkwood's  ryot  anent 
the  beatting  doune  the  sklait  of  the  church  by  schootting  therat  upon 
solemnitie  day  to  fyftie  punds  Scotts. 

November  i6th. — Thomas  Watsone  appoyntit  keiper  of  the  knock 
and  to  get  ten  punds  Scotts  furth  of  the  church  penalties. 


1686. 

January  i6th. — The  Counsell  modified  Pettinseairis  entrie  to  the 
lands  of  Pettinsear  to  tuentie  marks. 

February  ist. — The  thesaurer  hes  rcceawit  Robert  Gibsoune  of  Link- 
vood's  precept  of  clare  constat  as  air  to  his  father  of  the  lands  of 
Glasgrein,  Muirtack  and  tuo  aughten  parts  for  which  he  is  to  be 
receawed. 


340  RECORDS  OF   ELGIN.  [1686. 

March  29th.— Johne  Rynd,  gairdner,  and  Gilbert  Hay,  glower,  war 
appoyntit  to  be  friemen  and  ilk  ane  of  them  to  pay  fyftie  marks  Scotts 
to  the  thesaurer. 

Act  anent  Johne  Man  his  foirstair.  Anent  ane  complaynt  giwin  in  to 
the  counsel!  be  the  inhabitants  agaynst  Johne  Man,  merchant,  for  letting 
and  suffering  the  old  tymber,  sklaitts  and  wther  old  rubbish  of  his 
foirstair  demolisched  by  the  fall  of  the  theck  of  Andrew  Ramsay  his 
foirhous  lye  in  the  channell  of  the  streat  which  hinders  the  current  therof 
and  is  wnhandsoume  on  the  streat  and  the  said  Johne  Man  hawing  bein 
severall  tymes  adverteised  to  remow  and  taik  the  samyne  avay  and 
applye  the  samyne  to  there  aune  wssis. 

Act  anent  Williame  Cuy.  Williame  Cuy,  tailyour,  decernit  in  tuentie 
punds  Scottis  for  resseat  of  straingers  and  ordanit  to  be  put  in  prissone 
till  he  pay  his  fync  and  the  officers  to  put  the  strangers  furth  of  the  toune. 

April  I gth. — Ane  letter  to  be  ivrittin  to  the  Laird  of  Grant.  The 
Counsell  concludis  to  vvreat  ane  letter  to  the  Laird  of  Grant  shewing  him 
the  way  and  manner  how  Mr.  Alexander  Grant,  tacksman,  of  the  Old 
Mylnes  does  oppress  the  maltmcn,  brewers  and  inhabitants  of  Elgin  by 
seizing  upon  and  wiolentlie  avay  talking  of  there  malt  without  order  of 
law  and  in  the  mcantymc  the  counsell  concludis  to  caus  stop,  interrupt 
and  resist  him  from  such  practisis  in  tyme  cuming. 

April  26th. — Anent  the  resseat  of  the  Tounes  peapers  that  wmq11.  Mr. 
Robert  Mairtin  liaid.  John  Torrie  delywers  to  the  magistrats  and 
counsell  the  tounes  great  chairtor  daittit  in  October,  1633,  and  saising 
following  thervpon  daittit  the  third  of  February,  1637,  ratificatione  daittit 
the  tuentie  of  Mairch,  1661,  ane  wther  ratificatione  daittit  the  22  Mairch, 
1524,  and  charter  of  the  tounes  comoune  lands  and  priviledges  dated 
1457  with  the  haill  interruptiones  anent  the  tounes  mairches  and  uther 
peapers  conforme  to  Mr.  Robert  Mairtin's  ressait  and  inventar  sent. 
Baillie  James  Wysman  has  receawit  the  ratificatione  daittit  in  Mairch, 
1661,  with  100  marks  to  procure  ane  ratificatione  in  this  parliament. 

Baillie  Stewart  as  Commissioner  hes  receawit  300  marks  for  defraying 
his  chairges  as  Comissioner  to  this  present  parliament. 

May  3rd. — The  counsell  appoyntit  James  Winchester,  thesaurer,  to 
caus  help  the  east  port. 

June  1 4th. —  The  ratificatione  (1661)  delyiverit  back  to  Baillie  Innes. 
James  Wysman,  baillie,  delyweris  back  the  tounes  ratificatione  daittit 


1687.]  TOWN   COUNCIL  MINUTES.  34! 

the  tuentie  of  Mairch,  1661,  to  Baillie  Innes  to  be  put  in  the  cadget  and 
the  counsell  appoyntit  Baillie  Wysman  to  delywer  back  the  100  marks. 

June  2 ist. — Anent  Mostowie.  The  counsell  appoyntit  the  Moiss  of 
Mostowie  to  be  visited  upon  Wedinsday  next  be  the  Magistrals,  counsell 
and  inhabitants  and  for  that  effect  that  they  convein  the  foirsaid  day  be 
sex  aclock  in  the  morning  at  the  croce  to  vayt  upon  the  magistrals  and 
therefter  to  mak  report. 

July  1 2th. — Moisses  to  be  visited.  The  counsell  appoyntit  the  Moiss 
of  Strathcant  and  Glasgrein  to  be  visitit  this  efternoone  and  the  moiss 
and  greinis  the  morrow. 

July  2Oth.  —  Act  anent  the  greins  of  Aldroughtie.  The  counsell 
wnanimouslie  concludit  and  ordained  the  peatts  and  greingrund  castin 
be  Williame  Sutherland  in  Aldroughtie  and  his  tennents  to  be  castin  in 
agayne  in  the  pottis  and  for  that  effect  the  haill  counsell  with  certane  of 
the  inhabitants  to  goe  the  lenth  be  ane  aclock  in  the  efternoone  this  day 
at  the  ringing  off  the  bell  each  persoune  wnder  the  paine  of  fywe  pundis 
Scottis. 

August  2nd. — [Letters  of  lawborrows  to  be  sent  for  against  William 
Sutherland  in  Auldrochtie  and  his  tenants,  Francis  Brodie  of  Inner- 
lochtie  and  his  tenants  of  Mickle  and  Little  Innerlochties  and  Whitefield.] 

October  4th. — Act  anent  Straingers.  The  counsell  appoyntit  the 
baillies  to  goe  throughe  ther  quarters  for  searching  straingers  and  for 
searching  of  lint  and  uther  combustabill  maitter. 

October  25th. — [The  trunk  with  the  town's  papers  to  be  received 
from  James  Winchester,  treasurer,  on  account  of  his  sickness.] 

November  ist. — Act  anent  cess  and  stenting  therof.  The  counsell 
appoyntit  the  whole  inhabitants  within  this  burgh  that  hcs  the  benefite 
of  the  maill  and  peat  markat  flesch  and  fisch  marcat  to  pay  cess  in 
respect  the  plaice  wtherwayes  is  not  aibill  to  bear  the  burding.  The 
counsell  appoyntit  Saturday  next  be  nyne  aclock  in  the  foirnoone  for 
stenting  the  cess. 

1687. 

January  ist. — The  counsell  appoyntit  the  drum  to  be  beat  throughe 
the  touue  and  ane  adverteisment  to  be  giwin  to  all  the  inhabitants  that 
they  pay  ther  cess  this  day  at  tuo  aclock  in  the  eftirnoone  at  the  ringing 


342 


RECORDS  OF  ELGIN.  [1687. 


of  the  bell  with  certificatione  to  the  deficients  that  they  will  be  quartered 
upon  the  morrow  or  imprisoned. 

April  25th. — Anent  the  keyis  of  the  cadget.  The  counsel!  appoyntit 
Patrik  Chalmer  and  Alexander  Dunbar,  baillies,  to  call  for  the  keyis  of 
the  cadget  from  George  Cuming,  lait  provest.  [Present  provost — Sir 
Alexander  Innes  of  Coxtoune,  knight  barronet] 

Stentets  for  the  Witsoundayis  terme,  1687.  James  Wysman,  baillie 
[and  17  others],  appointit  to  stent  the  Witsoundayis  cess,  1687,  each 
persoune  to  be  cited  be  the  officers  in  ther  respective  quarteris  to  appeir 
at  the  head  court  of  the  burghe  the  third  day  of  Maij  being  Tysday 
nixt  to  mak  faith  in  presens  of  the  peopill  for  stenting  the  said  cess 
wndcr  the  paine  of  tuentie  punds  Scotts  money  for  each  absent  besydes 
there  being  censert  be  the  magistrats  and  counsell  for  breach  of  ther 
burges  oath. 

Visiting  of  the  quarteris.  Baillie  Grant  to  visite  the  south  east 
quarter  for  causing  search  for  straingers  and  all  combuistabill  maitter 
that  may  occasione  fyre,  Baillie  Chalmer  the  south  vest  quarter,  Baillie 
Dumbar  for  the  north  west  quarter,  Baillie  Wysman  for  the  north  east 
quarter. 

Visiteris  of  the  flesch  marcat.  Appoyntit  Johne  Innes  and  Johnc 
Phimister,  merchands,  for  visiting  the  flesch  marcat  and  what  flesches 
they  find  to  be  wnsufficient  and  not  wourthie  to  cum  to  the  marcat  that 
they  distribute  the  samyne  be  sight  of  ane  magistrat  to  the  officers  and 
headmen. 

Lynsteris.  The  counsell  continowed  James  Young,  glower,  Andrew 
Ramsay,  merchand,  Alexander  Brodie,  merchand,  and  Johne  Winchester, 
merchand,  lynsteris. 

May  2nd. — Anent  the  few  dewaties.  The  counsell  appoyntit  Saturday 
next  for  collecting  the  few  dewaties  with  certificatione  imprissonment. 

May  Qth.— Keyis  of  the  high  tolbuith.  The  keyis  of  the  high  tolbuith 
wher  the  tounes  airmes  lye  delywered  to  Kenneth  Mackenzie,  thesaurer. 

Anent  rouping  t/ie  tounes  comonne  landis.  The  counsell  appoyntit  the 
gooscrook,  cattailles  and  uther  of  the  tounes  comoune  landis  and  grass 
to  be  put  to  ane  roup  on  Wednesday  nixt  betuixt  allewin  and  tuell  in 
the  foirnone  and  for  that  effect  ane  banck  to  be  beat  this  day. 

May  23rd. — Roup  of  Gooscrook  and  Marie  vail  grass.  The  counsell 
corroboratis  the  roup  of  the  Marevall  grass  roupit  be  George  Grant  for 


1687.]  TOWN   COUNCIL  MINUTES.  343 

sewin  pundis  fywe  schillingis  sex  pennies  yeirlie  and  the  roup  of  the 
Gooscrook  roupit  be  Robert  Andersone,  writer,  for  sex  pundis  threttein 
schillingis  four  pennies  yeirlie. 

Roup  of  the  Schembillis.  The  schembills  roupit  to  fourscore  punds 
Scotts  money  and  acceptit  be  Johne  Geddes,  glower,  alias  Boiggis. 
The  customes  therof  to  be  conforme  to  the  alphabet  efter  specifiet  viz. 
each  ox  to  pay  tuo  schillingis  and  each  fed  ox  efter  fastingsewen  tuo 
schillingis,  each  cow  tuo  schillingis,  each  huddrone  [hudderone  =  a  young 
heifer]  weall  tuo  schillingis,  each  sucking  w^all  ane  schilling,  each  suyne 
of  the  lairgest  syse  one  schilling  four  pennies  each,  lessell  suyne  ane 
schilling,  each  scheep  eicht  pennies,  each  kyd  sex  pennies,  each  lamb  to 
pay  four  pennies. 

June  4th. — Anent  the  postmaster.  The  counsell  appoyntit  Wednesday 
nixt  for  rouping  of  the  postmaster  of  the  horses. 

June  2Oth. —  Visiting  the  mairches.  The  counsell  appoyntis  ther 
mairches  to  be  wiewed  and  ridden  on  Saturday  next  in  the  foirnoone 
and  for  that  effect  that  the  officers  mak  intimatione  through  ther 
particular  quarteris  and  that  the  clerk  wreat  to  Myltoune  to  meit  at  the 
gooscrook  the  said  day. 

August  i8th. — The  meiting  of  borrowis  grantit  that  the  lands  callid 
the  Cattails  and  greines  betuixt  Mostowie  and  Auldrochtie  be  fewit  or 
set  out  in  long  tackis. 

August  2Oth. — Anent  the  marschellis  cloiths.  The  counsell  appoyntit 
the  theasurer  to  giw  Johne  Findlay  marschell  cloithis. 

September  5th. — Anent  oyll  to  the  knock.  The  counsell  appoyntit  the 
theasurer  to  ansuer  the  bedler  oyll  and  tallow  to  the  knock  and  bellis 
when  necessitie  requerid  him  to  call  for  it. 

Anent  the  visitatione  of  this  brughe  by  uther  brughis.  In  respect  of 
the  ensueing  visitatione  of  this  brughe  to  be  maid  by  the  brughis  of 
Bamff,  Cullen,  Forres  and  Nairne  the  Counsell  appoynts  the  sds  brughis 
to  be  saluted  in  the  tounes  name  and  letters  to  that  effect  to  be  drawin. 

September  26th.  —  Anent  the  kingis  letter.  Ther  was  ane  letter 
presentit  subscribit  be  Duk  Hamyltoune  in  presens  and  be  warrand  of 
his  Majestes  privie  counsell  direct  to  the  provest  and  remanent  magistrals 
of  the  brugh  of  Elgin  daittit  the  sexteint  of  September  instant  prohibiting 
and  dischairging  anie  new  electione  of  magistrals  and  counsell  within 
this  brugh  this  yeir  and  the  present  magistrals  and  counsell  ar  therby 


344  RECORDS  OF   ELGIN.  [1688. 

authorized  to  continow  and  exerce  as  magistrals  and  counsell  wntill  his 
Ma/  sail  signifie  his  further  pleasour. 

October  roth. — Anent  the  Solemnitie.  The  counsell  appoyntit  each 
baillie  in  his  aine  quarter  to  convein  those  within  the  samyne  preceislie 
upon  Frydday  nixt  be  eight  aclock  in  the  morning  being  his  Majesties 
birthday  for  solemnizing  therof  and  that  upon  the  croftis  betuixt  the 
east  port  and  Messindew  ther  to  attend  the  magistrats  in  ther  best 
cloathing  and  airmis  without  respect  to  precedence  or  prioritie  of  plaice 
by  deacounes  or  utheris  and  then  and  ther  to  receawe  ther  order  from 
the  magistrats  each  persoune  wnder  the  paine  of  tuentie  pundis  Scottis 
money  besydis  uther  corporall  punischment  and  imprissonment  and 
baidge  of  disloyaltie. 

Anent  the  chuissing  ane  advocat  for  the  toune.  The  counsell  in  respect 
they  want  ane  advocat  for  the  toune  for  the  tyme  vnanimouslie  condi- 
scendit  to  imploy  Mr.  James  Grant  advocat  for  the  toune  in  ther  effairs 
he  being  upon  the  plaice  and  appoyntit  Kenneth  Mackenzie,  theasaurer, 
to  giw  him  tuo  guines  and  tuo  dolleris  to  his  man. 

Anent  fonr  funds  Scottis  to  the  officers.  The  Counsell  appoyntit  the 
thcas1".  to  giw  the  officers  coatts  and  four  punds  Scottis  money. 

December  i2th. — Intimation  anent  Mr.  Johne  Stewart.  Androw 
Monro,  Shcreff  Clerk,  and  Johne  Winchester,  merchand,  maid  intima- 
tione  that  Mr.  Johne  Stewart  was  to  preach  at  Murrastounes  hous  as 
ther  actuall  preacher. 

1688. 

May  7th. — Act  anent  anie  that  miscaries.  The  Counsell  forasmuch  as 
sum  abuissis  hes  bein  in  the  streittis  be  sum  wndiscreit  persounes  in 
reproaching  and  maligning  of  sum  churchmen  at  that  tyme  about  there 
laufull  occasiones  for  which  inquirie  haith  bein  maid  though  not  as  yet 
detected.  Therefor  the  counsell  appoyntes  furder  inquirie  to  be  maid 
theranent  that  dew  punischment  may  be  inflicted  according  to  the  merite 
of  the  caus  and  that  the  qlk  abuise  may  be  suppressid  in  tyme  cuming 
to  anie  discreit  persoune  of  whatsoewer  statione  or  imployment  doe 
furder  ordaine  and  appoynt  that  the  comitteris  therof  of  whatsoewer 
sex,  aige  or  qualitie  salbe  immediatlie  upon  discoverie  imprissonid  within 
the  tolbuith  ther  to  remaine  wntill  they  receawe  ther  sentence  whither  by 


1688.]  TOWN   COUNCIL  MINUTES.  345 

scurging,  fynning,  banischmcnt  or  long  imprissonment  viz.  iff  they  be 
abow  the  aige  of  tuell  yeiris  by  scurging  be  the  hand  of  the  marschell 
and  if  children  within  that  aige  by  severe  and  examplarie  correctione  at 
the  discretione  of  the  magistrats  and  uther  wndiscreit  persounes  be 
banischment  and  if  they  be  persounes  in  banis  to  be  imprissoned  till  they 
be  fynid  be  discretione  of  the  magistrats  by  and  attour  corporall  punisch- 
ment  and  anie  that  taikis  furth  children  to  such  wndiscretiounes  salbe 
equallie  guyltie  and  punisched  as  the  principall  actors  to  the  terror  of 
utheris  and  this  to  be  publischid  be  touk  of  drum  upon  frydday  nixt  be 
ten  aclock. 

The  counsell  appoyntis  the  haill  members  of  Counsell  to  be  cited  and 
present  in  the  counsell  hous  in  order  to  the  giwing  of  ane  returne  to  ane 
letter  direct  be  the  lord  Pearth  to  the  provest,  baillies  and  counsell  of 
Elgin  anent  the  selling  and  electing  of  Johne  Donaldsoune  of  Craggan 
to  be  clerk  and  the  clerk  to  bring  the  counsell  book  anent  his  electionc. 

May  24th. — The  Counsell  ordainit  the  whole  Counsell  to  be  cited 
agaynst  Munday  nixt,  the  28  instant,  at  allewin  aclock  in  the  foirnoone 
and  ilk  ane  that  is  absent  to  pay  tuentie  pundis  Scottis  that  faillics  being 
in  health  anent  the  ansuer  to  the  Earle  of  Pearthis  letter. 

October  ist. — There  was  presented  in  counsell  be  the  provest  ane 
letter  sent  be  Sir  Williame  Patersoune,  clerk  to  the  privie  counsell,  direct 
to  the  provest  and  baillies  of  the  brugh  of  Elgin  to  be  communicat  to  the 
Counsell  therof  daittit  the  thretteint  day  of  September  last  mentioning 
his  Ma/  letter  direct  wnder  his  royall  hand  daittit  at  the  Court  at 
Windsor  the  tuentie  nynt  of  August  also  last  wherby  his  Ma/  suspends 
the  electione  of  Magistrats  and  Counsell  of  royall  borrowis  within  this 
kingdome  in  their  respective  plaices  wntill  his  Ma/  sail  declair  his 
further  pleasour  off  the  which  letter  to  that  effect  the  tenor  followis : 
Edr.  the  thretteint  of  September,  1688,  whereas  the  king's  most  excellent 
Majestic  hath  by  letter  direct  wnder  his  royall  hand  daittit  at  the  Court 
at  Windsor  the  tuentie  nynt  day  of  August  last  bypast  signified  to  his 
privie  counsell  that  he  haith  thought  fit  to  suspend  the  electione  of 
Magistrats  and  Counsell  of  Royall  borrowis  within  this  kingdome  wntill 
he  sail  declair  his  further  pleasour  The  lordis  of  his  Majesties  privie 
counsell  in  persuance  of  his  majesties  comand  doe  heirby  authorise  and 
allow  the  magistrats  etc.  of  his  royall  brughis  of  this  kingdome  formallie 
nominal  to  continow  to  exerce  in  their  respective  offices  therin  wntill  his 

V  I 


346  RECORDS  OF   ELGIN.  [1689. 

Majesties  further  pleasour  be  signified  to  thame.  Extractit  by  me, 
Sir  Williame  Patersone  of  Grantoun,  barronet,  clerk  to  his  Majesties 
most  honourabill  privie  counsell.  Sic  sub1.  Will:  Paterson. 

The  Counsell  appoyntit  the  nynt  instant  be  ten  aclock  for  the  head 
Court  and  the  officers  appoyntit  to  adverteis  the  peopill  therto. 

October  pth.  — [The  king's  letter  produced  as  to  installing  John 
Donaldson,  town  clerk,  and  referred  to  next  full  Council.] 

[Follows  blank  of  three  pages  in  Minute  Book.] 


1689. 

January  7th. — Robert  Innes,  lait  baillie,  presentit  ane  Act  of  Counsell 
anent  the  electionc  of  the  provest,  baillies,  tounes  counsell  and  clerk  of 
the  said  burghe  of  Elgin  under  the  hand  and  subscriptione  of  Collin 
Mackenzie,  ane  of  the  clerks  of  the  counsell  of  the  dait  at  Edinburgh  the 
22  clay  of  December,  1688  yciris,  wherof  the  tenor  followis :  Att  Edinr. 
the  tuentic  sccound  day  of  December,  1688  yeiris,  anent  the  petitiounc 
presented  by  Williame  Crombie,  merchand  in  Elgin,  for  himselff  and  in 
name  and  bchalff  of  and  as  hawing  warrand  from  manie  of  the  nighbouris, 
burgesses  of  the  said  brugh  and  inhabitants  therof  shewing  that  by  the 
influence  and  indirect  meanis  of  some  persounes  the  magistracie  of  the 
said  brugh  war  turned  out  and  letters  procuired  from  his  majestic 
nominating  wther  magistrats,  clerk  and  wther  members  of  counsell  who 
war  for  the  most  pairt  straingers  to  and  wnconcernid  with  the  affaires  of 
the  brughe  and  haid  exercid  there  offices  to  the  great  prejudice  of  the 
said  plaice  and  decay  therof  which  can  evidentlie  be  demonstrat  and 
wnder  which  the  poor  peopill  of  the  plaice  haw  patientlie  sufferid  and 
therefor  humblie  supplicating  the  Counsell  to  taik  the  premisses  to 
considderatione  and  to  grant  order  and  warrand  in  manner  and  to  the 
effect  under  writtin.  The  Lordis  of  his  Majesties  privie  counsell  haueing 
heard  and  considderid  the  forsaid  petitione  doe  heirby  grant  order  and 
warrand  to  the  provest,  baillies,  toune  counsell  and  clerk  of  the  said 
burgh  of  Elgin  who  war  in  office  the  tyme  immediatlie  preceiding  his 
majesties  nominating  a  provest,  baillies,  counsellors  and  toune  clerk 
therof  to  meit  at  the  ordinarie  plaice  of  their  electione  with  all  convenient 


1689.]  TOWN   COUNCIL  MINUTES.  347 

diligence  and  then  and  there  to  sit,  vote  and  act  as  magistrats,  toune 
counsell  and  toune  clerk  of  the  said  brughe  and  to  proceid  to  a  regular 
and  frie  chois  of  provest,  baillies  and  toune  counsell  of  the  same  and 
haill  members  therof  for  the  yeir  insueing  1689  except  the  clerk  who  was 
for  the  tyme  immediatlie  preceiding  his  majesties  said  nominatione  of 
ane  uther  clerk  whom  they  heirby  repone  to  and  continow  as  toune  clerk 
of  the  said  brughe  &c.  and  the  present  magistrats  and  clerk  are  heirby 
orderid  to  delywer  to  the  saids  magistrats  and  clerk  the  haill  chairtor 
cheistis,  recordis,  wreattis,  &c. 

The  said  day  conforme  to  the  forsaid  Act  and  order  the  whole 
magistrats,  counsellers  and  clerk  who  war  magistrats  &c.  preceiding  his 
majesties  nominatione  (who  war  alywe  and  aibill  to  exerce)  Provest 
Cuming  hawing  declaired  himsclff  wnabill  to  exerce  in  respect  of  his 
aige  and  seiknes  the  rest  did  meit  except  James  Winchester,  theas1'.,  and 
Collein  Innes  remowid  by  death. 

The  Counsell  electit  David  Stewart,  provest,  &c. 

January  I4th. — Anent  the  randewouz.  The  counsell  appoyntit  Thuris- 
day  next  be  nyne  aclock  in  the  foirnoone  for  the  randiuous. 

Visitatione  of  the  quarters.  The  counsell  appoynts  Baillie  Innes  and 
Kenneth  Mackenzie  to.  visite  the  south  syd  of  the  toune  and  baillie  Fyff 
and  Johne  Smyth  to  visite  the  north  syd  and  to  trye  who  hcs  ponder 
and  lead  to  sell  and  caus  secuire  the  samyne  once  this  day. 

January  i6th. — Anent  the  airmis.  Names  of  those  that  Robert  Innes, 
baillie,  delywerit  the  airmis  to  who  wantit,  within  the  toune,  for  keiping 
gaird  and  to  be  delywerid  back  agayne  when  requerid.  [9  persons 
receive  halberts  3  halberts  in  form  of  a  star  20  muskets  and  i  a  firelock. 
The  persons  are  carters,  glovers,  hirers,  weavers,  etc.] 

January  2 1st. — Anent  those  that  layis  muck  in  the  streatts.  The 
officers  appoyntit  to  cite  those  that  layis  muck  on  the  streatts. 

January  28th. — Anent  wnfriemen.  William  Paull,  merchand,  being 
cited  to  be  burges  and  frieman  of  the  burgh  compeired  and  was  content 
to  doe  the  samyne  as  his  faithers  secound  sone  and  the  Counsell  modified 
his  friedome  by  paying  the  gyldrie  to  tuentie  punds  Scottis. 

February  I  ith. — The  theasaurer  to  pay  Johne  Cuy,  tinker,  four  punds 
Scottis  for  dressing  the  knock. 

March  i8th. — The  counsell  appoyntit  the  grass  of  the  Trinitie  Church 
yaird  to  be  roupid  the  first  court  day. 


348  RECORDS  OF   ELGIN.  [1690. 

April  1 5th. — Alexander  Parker,  officer,  having  misbehawcd  in  the 
exercise  of  his  office  and  intruding  himself  in  Ballindallochis  companie 
is  dischairgit  and  his  coat  to  be  taikin  from  him. 

May  1 3th. — Gawin  Watsoune  appoyntit  postmaster  for  ane  yeir. 

May  1 5th. — In  presence  of  Sir  James  Innes  of  that  ilk  as  overseer 
the  burgesses  by  way  of  poll  elect  the  magistrats  and  counsell  till 
Michaelmes  by  act  of  the  estates  of  this  kingdom.  [The  former 
magistrates  and  council  were  for  the  most  part  continued  in  office. 
Two  magistrates  dead.  Kenneth  McKenzie,  apothecary,  and  Alexander 
Ogilvie,  merchant,  were  elected  two  of  the  bailies.  Sir  Robert  Gordon 
of  Gordonstoun,  knight  baronet,  was  elected  one  of  the  council.] 

June  24th. — Baillie  Caldell  and  Baillie  Fyff  gaw  in  ane  acompt  of  the 
chairgcs  and  expenses  they  haid  bein  at  in  going  to  Edinburgh  anent  the 
elcctionc  and  my  lord  Dundie  extending  to  163  pundis  4  schillingis. 

September  gth. — The  counsell  ordanit  ilk  indueller  in  Mostowie  per 
vices  to  bring  ane  load  of  peattis  to  the  gaird. 

October  23th. — The  counsell  appoyntis  the  officers  to  goe  through 
their  severall  quarteris  of  the  toune  to  adverteis  the  inhabitantes  to  be 
readie  with  their  best  airmis  to  mister  to  morrow  be  nyne  aclock  at  the 
touk  of  drum  wnder  the  payne  of  fywc  pundis  each  absent. 

November  i8th. — The  petty  customes  of  this  brughe  set  in  tack  for 
tuo  yeiris  for  401  pund  Scottis  money  yeirlie. 

I  690. 

May  i Qth. — Act  anent  Clerk  Monro  liis  productione  of  ane  warrand 
anent  Mr.  Jolme  Stewart.  Compeired  Androw  Monro,  sheriff  clerk  of 
Murray,  and  producit  ane  act  of  counsell  ordering  the  magistrats  of 
Elgin  to  delywer  up  to  Mr.  Johne  Stewart,  minister  [and],  the  par- 
ischoneris  of  the  Presbiterian  persuasione  within  the  said  pariochin  the 
keyis  of  the  vestmost  kirk  of  Elgin  wherin  the  bischop  preached  and  to 
possess  them  therof  as  they  wilbe  ansuerabill  qlk  order  is  daittit  the 
fourteint  of  January  last  bypast  wnder  the  signe  and  subscriptione  of 
Gilbert  Eliot,  clerk  to  the  Counsell,  and  the  samyne  being  put  to  ane 
vote  be  the  provest  to  Baillie  Kyng  and  baillie  Mackenzie  they  tuik  it  to 
adwyse  the  samyne  being  ane  maitter  of  importance  and  ane  affair  that 
concernit  the  whole  inhabitantis  and  the  provest  being  instantlie  going 


1690.]  TOWN   COUNCIL  MINUTES.  349 

South  and  so  could  not  be  present  for  ane  tyme  did  instantlie  consent  to 
giwing  of  the  keyis  to  Mr.  Johne  Stewart. 

June  i6th. — Agreement  betuixt  the  Lairds  of  Grant,  Fowlis,  Brodie, 
Grainge  and  Cullodin  in  behalf  of  Maister  Johne  Stewart,  minister  to  the 
Presbyterian  congregatione  at  Elgin,  and  William  Kyng,  baillie  of  Elgin, 
in  behalf  of  the  magistrats  and  counsell  of  said  burgh  whereas  the 
magistrals  were  ordained  by  order  of  privie  counsell  to  delywer  the  keyis 
of  the  westmost  church  of  Elgin  to  the  said  Mr.  Johne  Stewart  now  in 
friendlie  manner  the  magistrats  agree  to  delywer  the  keyis  of  the  east- 
most  church  in  Elgin  to  Mr.  Johne  Stewart  in  place  of  the  westmost. 
Both  parties  agree. 

The  Lords  Commissioners  of  ther  Majesties  theasurie  have  grantit  a 
commissione  to  George  Leslie  of  Burdsbank  and  William  Dunbar, 
second  son  to  William  Dunbar  of  Durne,  for  collecting  the  excyse  of 
the  schyres  of  Bamff,  Elgin  and  Nairne  and  burghis  within  the  samyne 
from  ist  November  last.  The  collectors  are  content  to  taik  measures  to 
uplift  the  excyse  for  payment  of  .£530  quarterlie. 

Act  anent  the  cornis  and  doggis.  The  counsell  appoynts  ane  bank  to 
be  beat  discharging  the  keipping  of  bitches  or  cur  doggcs  within  toune 
certifieing  the  contraveiners  that  they  salbe  lyabill  for  fywe  pundis  of 
failzie  besydes  the  damnadge  and  that  no  inhabitant  presume  to  break 
yairdis,  cut  or  destroy  the  peas  or  beanis  belonging  to  the  tounes  men  in 
haugh  or  hard  land  wnder  the  penalties  conteinit  in  the  tounes  statutes 
maid  theranent 

August  nth. — Act  anent  straingers  and  anent  the  teynding.  The 
counsell  appoyntit  the  drum  to  goe  through  the  toune  to  inhibite  all  the 
inhabitantis  that  they  taik  no  cornis  from  the  croftis,  taillis,  yairdis  and 
utheris  lyabill  in  paying  the  teynd  scheaff  till  first  the  samyne  be  teyndit 
and  to  aquaynt  the  tennentis  and  possessoris  of  Myltoune  and  Inner- 
lochtie  that  they  teynd  nor  taik  none  of  their  cornis  from  the  grund  till 
the  samyne  be  teyndit.  The  Counsell  appoyntit  baillie  Kyng,  baillie 
Mackenzie,  the  theasaurer  and  Robert  Andersone  to  speak  with  Mr. 
Alexander  Tod  anent  the  wiccaradge  and  teynd  of  the  taillis.  The 
counsell  appoyntis  that  the  drum  goe  through  the  toune  anent  all 
strangeris  that  are  resseat  be  inhabitantis  that  they  remow  instantlie 
wnder  the  payne  of  putting  them  furth  of  the  toune  with  the  martiall 
and  the  resetters  to  be  fynit  conforme  to  the  statutis. 


350  RECORDS  OF  ELGIN.  [1690. 

Act  anent  casting  of  grein  grund.  The  counsel!  appoyntit  that 
intimatione  be  maid  anent  casting  of  the  grein  grund  about  the  aughten 
pairtis  and  uther  plaices  of  the  tounes  landis  that  none  doe  the  samyne 
but  the  heritoris. 

August  25th. — Act  anent  the  teynding  of  the  croftis.  The  Counsell 
appoyntit  all  the  memberis  of  counsell  to  wayt  upon  the  teynding  of 
the  croftis  and  wtheris  Thuirsday  nixt  in  the  morning  and  Johne  Geddes, 
Boiggis,  and  James  Russell,  merchand,  to  sie  the  hors  fillid  and  Parker 
and  Andrew  Ritchie  to  big  and  the  rest  of  the  officeris  to  faw  (?). 

Act  anent  the  buying  of  lyme  and  tymber.  The  counsell  apoyntit  the 
drum  to  goe  through  the  toune  to  inhibite  all  the  inhabitants  that  none 
presume  to  buy  lyme  or  timber  of  anie  sort  to  sell  agayne  except  by 
their  awne  wsis  wnder  the  payne  of  fyw  pundis  toties  quoties  and  sicklyk 
that  none  ludge  or  resset  straingeris  wnaquaynted  the  gaird  wnder  the 
painc  of  what  lois  ane  inhabitant  may  sustayne  and  sicklyk  to  intimat 
anent  the  teynding. 

September  8th.  —  Act  anent  assistant  quartering.  The  counsell 
ordaynid  all  that  hcs  no  sojors  quarterid  on  them  to  giw  assistant 
quarteiris  to  those  that  hes  thame  quarterid  on  them  according  as  they 
salbe  stentid. 

October  6th.- — The  counsell  appoynts  the  toune  captanes  to  be 
presentlie  advertised  to  convein  ther  several!  companies  vl.  ther  armes 
to  convein  at  the  fish  mercat  this  efternoon  at  one  acloak  to  keep  the 
solemnitic  for  his  Majesties  King  William  his  success  in  his  affairs  in 
Ireland  and  for  his  hapie  and  safe  return  to  England. 

October  2oth.  —  Act  anent  advancing  ten  dayis  manteinance  to  the 
sojors  in  Collonell  Cuninghanfs  regiment.  The  counsell  wnanimouslie 
condiscends  that  the  inhabitantis  advance  ten  dayis  quarter  in  money 
at  45.  per  diem  or  quarter  in  dyat  provyding  the  collonell  ease  the  toune 
of  all  his  regiment  except  thric  hundreth  and  fyftie.  The  provest 
rcceawit  ane  bill  drawin  be  James  Oswald,  generall  receawer  upon  the 
magistrats  of  Elgin,  for  payment  to  my  Lord  Strathnaver  of  504  lib. 
Scottis  money  out  of  the  supplye  due  by  the  toune  at  Mertimes,  1688, 
and  Witsounday,  1689,  daittit  the  thretteint  of  September,  1689.  Item 
ane  uther  bill  drawin  be  James  Oswald  and  James  Dunlop,  generall 
receawers  wpon  the  magistrats  of  Elgin,  daittit  the  27  of  September, 
1690,  for  payment  to  Capitane  Sixt  Dalin  for  the  use  of  Collonell 


1691.]  TOWN   COUNCIL  MINUTES.  351 

Cunninghame's  regiment  of  876  lib.  indorsed  payabill  to  Moses  Huetsone, 
quartermaister  of  the  said  regiment,  with  the  said  Moses  his  resseat  of 
the  money  on  the  back  therof  for  the  tounes  cess  due  at  Lambes,  1690, 
and  preceiding. 

November  igth. — William  Douglas  appoyntit  to  collect  the  fyw 
monethis  cess  at  Mertimes,  1690. 

The  provest  hes  gottin  one  of  the  keys  of  the  cadgett  and  Baillie 
Russell  hes  gottin  the  other. 

169  I. 

March  3Oth. — David  Bower,  gardner,  is  receawed  and  admitted  burges 
and  freman  of  this  burgh  for  payment  of  fiftie  merks  Scots  money. 

May  1 8th. — Arrestment  anent  Fitter  Clialmer  in  Edinbnrgli.  The 
counsell  appoyntit  to  arrest  all  the  money  restand  be  Alexander  Fordyce, 
William  Paull,  James  Innes,  Johne  Grant,  merchants,  to  Fitter  Chalmer 
in  Edinburgh  for  his  breaking  boulk  and  selling  goods  to  them  without 
ane  offer. 

The  toun's  officers  and  drummers  hawe  gottin  licence  to  cast  one 
man's  casting  of  peats  ilk  ane  of  them  for  one  day  this  yeir  in  the  comon 
moiss  of  Glasgrein  upon  the  former  provision  that  they  spoill  not  the 
grein  grund  and  levell  what  they  cast.  The  Counsell  grant  libertie  to 
Mr.  Allanc  Grant,  collector,  and  his  spous  to  cast  peats  in  the  Moss  of 
Mostowie  for  ther  aune  wse  allanerlie  eight  men's  casting  for  one  day 
this  present  yeir,  1691. 

June  ist. — The  counsell  appoyntit  Alexander  Russell,  baillie,  to 
collect  the  hearth  money. 

William  Grant,  officer  in  Mostowie.  The  Counsell  appoyntit  William 
Grant  in  Mostowie  to  owersie  the  moiss  as  ane  officer  for  this  insuing 
yeir  who  is  to  haue  fourtie  schillingis  for  his  paines. 

August  3rd. — Anent  teynding  the  croftis.  The  counsell  ordanit  the 
drum  to  goe  through  the  toune  the  morrow  at  ten  aclock  to  inhibite  all 
the  inhabitants  not  to  remowe  there  cornis  from  the  landis  of  the  croftis, 
yairdis,  taillis  and  utheris  lyabill  in  payment  of  the  teynd  scheaff  till  the 
samyne  be  teyndit. 

August  29th. — Anent  visitors  of  the  borrowis.  The  counsell  appoynts 
that  the  magistrates  and  Deangyld  and  theasaurer  and  clerk  to  meit  this 


352  RECORDS  OF  ELGIN.  [1692. 

day  at  tuo  aclock  anent  giwing  ane  accompt  to  the  visitoris  of  the 
borrowis  anent  ther  comone  good. 

September  28th. — The  Magistrats  and  Counsel!  appoyntit  the  sewint 
of  October  next  to  be  the  head  Court. 

[17  stenters  appointed.  These  all  appear  at  the  Head  Court  except 
three,  who  are  fined  £5  Sc.  each.] 

Rates  of  the  Pettie  Customes  of  the  brugh  of  Elgin  :  Ilk  elne  plaid- 
ing  id.,  ilk  barked  hyde  is.,  ilk  hors  2s.,  ilk  ox  and  cow  is.  4d.,  ilk  scheep 
4d.,  ilk  kairtfull  of  fisch  is.  ilk  creilfull  46.,  ilk  steane  of  wald  46.,  ilk  cart 
is.  4d.,  ilk  sled  is.,  ilk  pair  of  schoes  2d.,  ilk  tub  2d.  etc. 

November  i6th. — Stenters  of  the  assistant  quarteris.  The  counsell 
appoyntit  Baillie  Russell  to  stent  the  assistant  quarteris  to  those  who 
have  the  sojors  upon  thame  at  sex  schillingis  per  week  for  ilk  tuo  sojors 
beginning  this  day  and  they  ar  ordanit  to  spair  the  poor  and  ar  to  stent 
the  samyne  this  efternoone. 

l  692. 

February  I5th. — Baillie  Russell  and  the  thesaurer  appoynted  to  call 
for  and  compt  with  John  Taylor,  mr.  of  the  musick  school!,  anent  his 
intromissions  with  the  penalties  receaved  be  him  from  fornicators  since 
his  last  compting. 

Restand  to  Alexander  Dunbar  for  wyne  drunk  in  his  hous  when  the 
magistrats  did  treate  the  Earle  of  Dumfermling,  wiscount  of  Dundie  and 
Lord  Doune  extending  to  44  lib.  4d.,  spent  in  his  hous  with  my  Lord 
Duffus,  Major  Pattoune  and  utheris  on  the  kingis  birthday  in  October, 
1691,  12  lib.  is.  4d.  Summa  [together  with  payments  for  wood  to  the 
magistrates'  seat,  see  "The  Church,"  I5th  February,  1692]  204  lib.  is.  8d. 
For  payment  of  the  which  acompt  baillie  Dunbar  hes  gottin  power  to 
uplift  the  teynd  silver  and  teynd  bollis  wnderwrittin  viz.  35  pundis  6s.  8d. 
from  Sir  Alexander  Innes  of  Coxstoune  for  the  teynd  tack  dewatie  of 
his  landis  of  Thornhill,  Clackmarres  and  Easter  Whytvray  yeirlie  the 
cropis  and  yeiris  1690  and  1691  inde  70  lib.  135.  4d.,  12  bollis  teynd 
wictuall  dew  be  Walter  Innes  of  Blackhills  for  the  teyndis  of  his  landis 
of  Blackhillis  crop  1691  at  4  li.  35.  4d.  per  boll  inde  50  lib.,  8  bollis  teynd 
wictuall  dew  be  Robert  Gibsoune  of  Linkvoodis  for  the  teyndis  of  his 
landis  of  Hervieshaughe  crope  1691  at  4  lib.  33.  4d.  with  12  lib.  money 


(*S 


1693-]  TOWN   COUNCIL  MINUTES.  353 

for  the  few  dewatie  of  Hervishaugh  yeirlie  the  cropis  and  yeiris  1690  and 
1691  inde  57  lib.  6s.  8d.  Item  dew  be  the  said  Alexander  Dunbar  fyw 
fir.  whyt  for  the  teynd  of  the  laird  of  Muirtoune's  taillis  at  5  lib.  per  boll 
inde  6  lib.  55. 

March  28th. — Baillie  Innes  hes  the  key  of  the  iron  door  of  the  Inner 
tolbooth  to  keep  for  this  week.  The  Counsel!  appoynts  ane  bank  to  be 
beatt  throw  the  toune  be  tuk  of  drum  this  day  for  rouping  the  viccarage 
of  the  parochin  of  Elgin  anno  1692. 

May  23rd. — The  magistrals  and  counsel!  appoyntit  Saturday  nixt  for 
ane  general!  randivous  at  tuo  aclock  in  the  efternoone  conforme  to  the 
kingis  proclamatione  and  for  that  effect  ane  bank  to  be  beat  through  the 
toune  this  day  and  all  fencibill  persounes  betuixt  sextie  and  sextein  to 
be  present  and  in  readines  with  there  best  airmis,  ilk  absent  under  the 
paine  of  fywe  pundis  Scottis  money  and  the  meiting  to  be  in  Chandrie 
churchyaird. 

June  27th. — The  keys  of  the  iron  door  of  the  inner  tolboith  whair 
Mr.  John  Dempster  is  prisoner  at  Kinauld's  instance  is  delyvered  for  this 
week  to  the  keeping  of  Baillie  Innes. 

July  25th. — The  counsel!  appoynts  ane  bank  to  be  beat  dischargeing 
all  the  inhabitants  of  this  burgh  fra  recepting  in  their  houses,  lofts  or 
chops  any  plaiding  vntill  first  the  custome  therof  be  payed  and  that  the 
same  shall  be  presented  to  the  publict  mercat  and  not  sold  in  privat 
houses  under  the  hazard  of  the  loss  of  their  freedom  and  to  be  furder 
punished  at  the  discretion  of  the  magistrats. 

Gawin  Watson  hes  the  keyes  of  the  iron  yeat  of  the  inner  tolbooth 
for  this  week. 

August  29th. — Anent  John  Rose.  The  provest  and  baillies,  John 
Donaldson  and  thesaurer  to  meit  this  efternoon  at  John  Rose,  mason, 
to  agrie  anent  the  repairation  of  the  bridge  of  Lossie. 

October  24th. — It  is  enacted  that  who  ewer  keeps  the  keys  of  the 
iron  door  of  the  inner  tolboith  shall  be  comptable  for  any  who  shall 
escap  furth  of  the  toolboith  dureing  the  tym  they  keep  the  keys. 

1693. 

February  I3th. — The  magistrats  and  counsell  hawe  granted  libertie 
and  licence  to  George  Garioch,  litster,  to  set  up  ane  signe  to  the  foir- 

V  I 


354  RECORDS  OF  ELGIN.  [1693. 

street  one  foot  without  the  channell  opposit  to  the  decest  Baillie  Ogilvie 
his  rood  of  land  and  that  for  the  space  of  ane  year  allenerlie  provyding 
he  obtain  his  londladys  consent  therto. 

March  6th.  —  The  clerk  is  appoynted  to  draw  out  and  extend 
Alexander  Chalmer  his  precept  of  clare  constat  as  air  of  provision  to  the 
deceist  James  Chalmer  of  Pettinseir  for  his  father  of  his  second  mariage 
of  the  lands  of  Easter  Pettinseir  for  which  he  hes  instantlie  payed  20 
merks  to  William  Rose,  thesaurer,  wherof  ten  merks  allowed  for  his  few 
dutie  anno  1692  and  the  other  ten  merks  for  his  entrie. 

June  5th. — George  Chalmer  of  Pettinseir  his  entrie  to  the  lands  of 
Easter  Pettinseir  componed  to  50  merks  Sc. 

June  ipth. — Margaret  Russell  hes  payed  to  William  Rose,  thesaurer, 
20  punds  Scots  for  ane  yeir's  duty  of  the  minister's  mans  possest  be  her. 

Anent  casting  the  burne  of  Tayock.  It  is  appoynted  that  the  current 
of  the  stryp  of  Tayock  be  casten  and  red  from  Lossie  vpward  to  the  peat 
moisswards  and  the  whole  inhabitants  be  advertised  each  famelie  to 
furnish  ane  man  and  spad  and  to  enter  to  the  work  to-morrow  and  for 
that  effect  the  south  |east  quarter  to  be  advertised  to  meit  to-morrow  be 
nyn  acloak. 

Anent  casting  peats  in  the  Cattails.  Forsomuch  as  severall  of  the 
inhabitants  of  this  burgh  about  the  west  port  and  elswhair  hawe  hitherto 
presumed  without  licence  from  the  magistrats  to  cast  and  sell  peats  and 
turffs  in  that  peice  moiss  belonging  to  the  toune  besouth  the  water  of 
Tayock  adjacent  to  the  lands  of  Mayn  Therfor  the  magistrats  and 
counsell  ordains  that  non  herefter  presum  to  cast  any  peats  or  turffs  in 
the  said  moiss  without  speciall  licence  had  and  obtaint  from  the  magis- 
trats and  counsell  and  als  it  is  appoynted  that  ther  be  ane  part  and 
portion  of  the  said  moiss  marked  and  potted  for  the  use  of  the  bedmen 
and  all  and  whatsomewer  person  or  persons  discharged  fra  casting 
therin  except  the  bedmen. 

Oath  of  Alledgeance  and  Assurance : — Wee  doe  sincerlie  promeis  and 
swear  that  wee  will  be  faithfull  and  bear  true  alledgeance  to  ther 
majesties  King  William  and  Queen  Marie  So  help  us  God  and  sicklyk 
doe  in  the  sinceritie  of  our  hearts  assert  acknowledge  and  declare  that 
ther  majesties  King  William  and  Queen  Marie  are  the  only  lawfull 
vndoubted  soveranes  of  this  realm  als  weill  de  jure  that  is  of  right 
King  and  Queen  as  de  facto  that  is  in  the  possession  and  exercise  of  the 


1694.]  TOWN  COUNCIL  MINUTES.  3S5 

government  and  therfor  wee  doe  sincerlie  and  faithfullie  promeis  and 
engadge  that  wee  will  with  hearts  and  hands  lyfs  and  goods  mantain  and 
defend  ther  majesties  tytle  and  government  against  the  late  King  James 
and  his  adherents  and  all  other  enemies  who  either  by  open  or  secret 
attempts  shall  disturb  or  disquiet  ther  majesties  in  the  possession  and 
exercise  thereof.  (Signed)  Thomas  Allane,  decone  to  the  hamermen, 
John  Purs,  deacn  to  the  ueivers,  Alex.  Mar,  diken  to  the  wrights,  J.  Purs, 
yor.,  lait  deackn  to  the  ueavers. 

June  26th. — Thomas  Watson  hes  payed  William  Rose,  thesaurer,  the 
viccarage  teynds  cropt  1692  extending  to  234  punds  Scots. 

July  24th. — The  magistrats  and  counsell  appoynts  ane  exact  list  to  be 
taken  of  the  heall  inhabitants  of  this  burgh  and  for  that  effect  that  ilk 
baillie  goe  alongst  his  ovin  quarter  and  make  ane  exact  roll  and  to  report 
the  next  counsell  day. 

September  25th. — The  deacon  convener  and  others  take  the  oath. 

October  3Oth. — Thomas  Watson  is  granted  leave  to  erect  a  stair  on 
the  north  syd  of  his  kiln  at  the  schooll  Wynd  on  payment  yeirlie  to  the 
burgh  of  2s.  Sc. 

1694. 

August  1 3th. — The  counsell  appoints  the  clerk  to  draw  ane  proclama- 
tione  to  be  intimat  throw  this  burgh  anent  the  stranger  beggars  that  are 
in  this  burgh  conforme  to  the  acts  of  parliament  and  last  proclamationc. 

September  24th.  —  All  the  old  counsellors  continoved  and  David 
Brodie  and  Thomas  Donaldsone,  merchants,  added.  Alexander  Muir, 
wright,  presented  a  petition  from  the  trades  of  this  burgh  craving  the 
counsell  might  name  of  these  thrie  persons  Alexander  Muir,  John  Burges, 
gunsmith,  and  William  Edward,  tayleor,  to  be  deacon  conveener.  The 
Counsell  refuse  to  accept  thereof  becaus  the  deacons  and  givers  in  of  the 
samen  have  not  qualified  themselves  conforme  to  law  and  so  are  not 
capable  to  make  electiones  and  therfore  they  have  elected  Alexander 
Muir  a  counsellor  as  a  persone  who  is  fitt  for  that  effect  and  not  as 
Deacon  Conveener. 

The  clerks  appointed  to  draw  and  intimat  by  tuck  of  drum  to  the 
inhabitants  that  they  meet  the  magistrats  Thursday  nixt  the  27th  instant 
at  the  Tolbooth  in  maner  folloving  viz.  the  south  east  and  south  west 


356  RECORDS  OF  ELGIN.  tl69S- 

quarters  be  eight  acloak  in  the  forenoon  and  the  north  east  and  north 
west  quarters  be  tuo  in  the  afternoon  to  give  up  subscryvit  lists  of  their 
names,  degrees  and  walue  of  their  estates  in  payment  of  the  poll  mony 
and  of  their  families  conforme  to  the  act  of  parliament  with  certificatione. 

Act  for  the  counsellors  their  frequent  keeping  the  Counsell.  The 
counsell  unanimously  ordains  statuts  and  enacts  that  each  counsellor 
keep  and  meet  in  the  counsell  upon  every  counsell  day  and  in  all  other 
meetings  to  be  appoynted  be  the  magistratts  preceesly  under  the  failyie 
of  2os.  Scots  money  which  the  counsell  hereby  imposes  as  a  fyne  upon 
ilk  absent  who  shall  not  meit  in  maner  forsaid. 

November  ipth. — Establishing  a  guard.  The  counsell  appoints  a 
guard  of  sixteen  men  and  a  captain  to  be  keeped  each  night  and  im- 
povers  each  captain  to  fyne  the  absents  and  the  captains  to  be  named 
by  the  baillies  and  the  samen  to  begin  at  the  south  east  quarter  of  the 
toun  and  go  round  in  the  ordinar  maner. 


1695. 

February  7th. — The  peice  ground  lyand  within  the  east  port  on  the 
north  syde  therof  fewed  by  the  magistrats  to  John  Proctor,  weaver  in 
Whytwrae. 

Act  anent  the  Trades  their  mortcloath.  Anent  the  complant  given  in 
against  the  Deacon  Conveener  and  the  Trades  for  making  ane  mortcloath 
and  lending  and  giveing  the  same  to  the  inhabitants  to  the  great  prejudice 
of  the  comunity  by  taking  avay  the  casualties  of  the  tounes  mortcloath 
which  being  considered  the  counsell  statuts  and  appoints  that  the  said 
mortcloath  be  not  given  to  any  but  such  as  are  objects  of  charity. 

Anent  the  baillies  their  keeping  courts.  The  counsell  appoints  one  or 
tuo  of  the  baillies  to  keep  courts  every  week  and  the  tuo  eldest  baillies 
for  the  moneth  of  February  and  the  other  tuo  for  the  moneth  of  Marche 
and  so  moneth  about  in  tyme  coming. 

George  Garioch,  burges.  George  Garioch,  litster,  was  admitted  burges 
freeman  and  gild  brother  of  this  burgh  and  that  at  the  speciall  desyre 
and  request  of  Sir  James  Ogilvie  his  majesties  solicitor,  the  toun's  advocat. 

February  25th. — The  Counsell  gave  commissione  to  the  provest  to 
caus  bring  home  ane  new  welvet  mortcloath. 


1695.]  TOWN  COUNCIL  MINUTES.  357 

The  gift  of  the  vaiceant  stipend  for  1694  is  this  day  delyvered  to 
Clerk  Andersone. 

The  Counsel  hes  admitted  William  Geddes,  indwaller,  to  be  ane 
graveman  during  their  pleasure. 

June  25th. — [Dyksyde's  Mortification  here  recorded.  The  deed  is  of 
date  23rd  May,  1695,  whereby  John  Innes  of  Dyksyde  mortifies  600 
merks  to  the  Magistrates  of  Elgin  for  the  poor  of  Elgin.  The  600 
merks  to  be  wared  out  upon  land.  Also  200  merks  to  the  poor  of 
St.  Andrews,  the  interest  to  be  paid  by  the  Magistrates  of  Elgin  to  the 
minister  and  kirk  session  of  St.  Andrews.  Also  200  merks  to  the  poor 
of  Birnie.] 

August  5th.  —  The  new  mortcloath  given  to  William  Dowglass, 
thesaurer,  which  coast  227  lib.  1 2s.  6d.  and  the  thesaurer  is  ordained  to 
pay  the  samen  to  William  Gordon  of  Fascan  who  brought  the  samen 
from  Holland. 

The  keys  of  the  prisons  where  Parkbeg  and  Andrew  Shand  are 
prisoners  delyvered  to  Baillie  Donaldsone. 

August  1 2th. — The  post  office  of  horses  set  to  William  Mitchell, 
hyrer,  till  Whitsonday  next,  1696,  for  payment  of  12  punds  Scots. 

£3529  received  by  the  town  for  ane  composition  for  the  accompts 
restand  be  the  forces  to  the  inhabitants.  Sir  George  Mackenzie's  relict 
received  £510  Sc.  by  a  decreet  from  the  magistrates.  The  provost  is 
paid  for  building  and  erecting  the  Gramar  School  and  for  treating  the 
officers  of  the  King's  forces  in  passing  and  repassing  thorow  this  burgh. 

October  28th. — Each  quarter  to  be  called  out  for  one  day  for  casting 
the  run  of  the  water  of  Lossy,  ilk  persone  under  the  failzie  of  i8s.  Sc. 

The  pryces  of  the  mortcloaths.  The  best  mortcloathe  when  used 
within  the  toun  4  punds  Scots,  the  second  403.  Sc.  the  children's  mort- 
cloath IDS.  Sc.  Pryces  for  the  bells.  For  the  ringing  the  great  bells  at 
funeralls  2os.  Sc.  for  burgesses  and  405.  Sc.  for  strangers.  Pryces  for  the 
bellmen.  The  counsell  appoints  the  pryces  of  the  bellmen's  fies  and  hyre 
for  ringing  the  great  and  small  bells  viz.  6s.  Sc.  for  ringing  the  great  bells 
to  each  buriall  als  oft  as  the  parties  calls  for  them  to  be  rung  and  not 
exceeding  the  said  6s.  for  all  these  tymes  and  43.  Sc.  for  each  tyme 
he  goes  thorow  the  toune  with  the  litle  bell  and  to  ring  the  litle  bell  for 
the  poor  gratis.  Pryces  for  the  gravemakers.  143.  Sc.  for  ilk  grave  they 
make  to  men  or  women  and  73.  Sc.  for  each  grave  they  make  to  children 
and  to  cast  the  poor's  graves  gratis. 


358  RECORDS  OF  ELGIN.  [1696. 

November  i8th.  —  No  church  monthly  pensioner  hereafter  to  beg 
through  the  streets. 

December  2nd. — The  pettie  customes  set  for  a  year  for  payment  of 
406  punds. 

December  I3th. — The  laird  of  Grant  has  discharged  the  toun  of  the 
kirk  timber  extending  to  1500  lib.  Scots  and  the  toun  has  discharged 
him  of  440  pund  as  22  years'  few  duety  of  the  lands  of  Kirdells  and  of 
15  years  feu  duetie  of  the  Oldmills  Croft.  The  toune  hes  discharged 
him  of  629  lib.  135.  4d.  as  his  proportion  of  the  stent  for  building  the 
church  and  of  the  tynd  duety  of  the  lands  of  Oldmills  and  Loganshaugh 
being  ii  bolls  of  bear  yearly  for  5  years,  1690-94,  at  5  lib.  the  boll  to 
275  lib.  Scots. 


1696. 

February  i7th. — Agreement  to  be  made  with  Donald  Ogilvie,  masone, 
for  repairing  that  part  of  the  bridge  of  Lossie  which  is  now  fallen  and 
for  redding  and  taking  the  stones  out  of  the  water. 

The  counsell  appoints  the  lands  of  Messindew  the  viccarage  tynds, 
1696,  the  grass  of  the  Cattails  and  Goosecrook  to  be  publictly  rouped  on 
Saterday  the  last  of  February. 

March  2nd. — Ane  waird  in  the  Cattaills  set  for  sex  punds  Scots. 

May  25th. — William  Cuming  of  Achrey  dispones  to  the  toun  the  tuo 
roods  of  land  and  back  yeards  which  pertained  to  wmq11.  Provost  Cuming 
his  father  lyand  in  the  south  syde  of  the  brugh  opposite  to  the  croce  for 
payment  of  2000  merks  Scots  money. 

June  1 5th. — The  counsell  appoints  William  Brodie  to  be  secured 
within  the  inner  tolbooth. 

June  22nd. — The  counsell  setts  the  grass  of  the  Gallowhill  to  Baillie 
Donaldsone  for  this  year  gratis  and  for  half  a  merk  in  the  year  for  3 
years  therafter. 

June  29th. — The  counsell  appoints  the  magistrals  to  send  letters  to 
the  brughs  of  Tayn,  Dornoch  and  Dingwall  anent  the  abuses  our 
merchants  and  traidsmen  meet  with  in  their  mercats. 

July  27th. — Gift  by  the  lords  of  Treasury  to  the  Magistrates  of  the 
vacant  stipend  of  Elgin  crop  1695. 


1697.]  TOWN   COUNCIL  MINUTES.  359 

August  loth. — The  heall  counsell  haive  vnanimouslie  condiscended 
that  the  magistrates  shall  not  dispense  with  the  judgeing  of  Peter 
Cantley,  chapman,  in  favors  of  the  Shereff  but  that  the  magistrals 
proceid  and  mantain  the  right  and  priviledge  of  this  burgh. 

William  Paull,  merchant,  presents  a  very  abject  petition  to  the 
Magistrates  and  Toun  Counsell  for  his  folly  in  protesting  at  the  last 
Michaelmas  election  against  the  toun  counsell  that  they  might  not  con- 
tinue William  King  of  Newmill  to  be  provest  and  in  most  unadwysedly 
raising  counsell  letters  against  Provost  King  and  Alexander  Fordyce 
one  of  the  counsell  of  the  burgh.  He  now  humbly  submits  himself  to 
any  punishment  the  Counsell  may  think  fit. 


1697. 

May  loth. — The  Counsell,  Provost  King  and  Alexander  Fordyce 
having  removed,  for  the  fault  and  indignity  done  be  him  to  the  Magis- 
trates and  Town  Council  and  particularly  to  Provost  King  and  Alexander 
Fordyce,  declares  William  Paull  to  have  lost  his  freedom  as  a  burges  of 
this  burgh  and  ordainis  his  burges  bill  to  be  publicly  cancelled  and 
destroyed.  Sicklyke  they  fine  him  500  merks  Scots  and  ordains  him  to 
be  carried  to  the  tolbuith  of  the  burgh  and  ther  keept  close  prisoner 
untill  he  pay  the  samen  also  to  lose  his  few  of  ane  aughten  part  of  the 
Greischop  lands  and  to  stay  in  prison  after  payment  of  his  fyne  during 
the  magistrals  pleasure. 

May  i/th. — Guards  appointed.  The  counsel  appoints  that  heiraftcr 
there  be  ane  nightlie  guard  consisting  of  tuelve  men  and  a  captain  keeped 
within  this  toun  frae  nyne  a  cloak  at  night  till  four  a  cloak  in  the  morning 
dureing  the  magistrats  pleasure  and  that  each  persone  who  bees  warned 
to  keep  guard  and  shall  absent  himself  therefrae  shall  be  lyable  in  fourtie 
shilling  Scots  money  of  fyne  toties  quoties  for  which  the  captain  is 
impowered  to  poynd  the  deficients. 

William  Paull  his  sentence.  The  magistrats  and  counsell  haveing 
taken  to  consideratione  the  address  made  to  them  by  my  Lord  Duffus 
and  Sir  James  Calder  of  Muirtoune  in  name  of  William  Paull,  merchant 
in  Elgine,  anent  the  mitigatione  of  the  sentence  past  against  him  the  last 
Counsell  day  they  appoint  and  ordained  the  said  William  Paull  to  be 


360  RECORDS  OF  ELGIN.  [1697. 

taken  furth  of  prisone  to  the  mercat  croce  twixt  allevin  and  twelve 
a  cloak  this  forenoone  and  there  to  make  publict  acknowledgment  of  his 
offence  done  to  the  provest,  baillies  and  counsell  and  his  burges  bill  to  be 
rent  and  tome  and  therafter  to  be  returned  to  prisone  ther  to  stay  untill 
he  grant  and  subscryve  ane  band  to  Thomas  Donaldsone,  thesaurer,  for 
fyve  hundred  merks  for  his  fyne  payable  at  the  magistrats  discretione 
according  to  his  future  deportment  and  behaviour  and  dispences  with  the 
rest  of  the  forsaid  sentence. 

June  7th. — Register  of  the  dead.  The  counsell  hes  appointed  Mr. 
William  Cuming,  master  of  the  Musick  Schooll,  to  keep  a  register  of 
the  dead  within  this  brugh  for  which  they  ordaine  him  to  get  tuo  shilling 
Scots  for  each  persone  and  appoints  the  gravemen  to  open  no  graves 
untill  the  samen  be  payed  excepting  allwayes  poor  people  and  tounes 
publict  servants. 

July  1 2th. — The  west  marches  of  this  burgh  and  moiss  and  greens  of 
Mostowie  to  be  visited  Saterday  next. 

Margaret  Dunbar  fined.  Upon  complaint  made  to  the  Magistrats 
and  Counsell  be  John  Winster,  merchant  in  Elgin,  against  Margaret 
Dunbar,  relict  of  vmq11.  Robert  Falconer  for  persewing  and  his  vyfe  befor 
the  Shereff  of  Moray  and  not  the  magistrats  wherby  she  hes  contraveined 
the  statuts  of  this  burgh  made  theranent  the  Magistrats  and  Counsell 
finds  her  guiltie  of  transgressing  of  the  said  statut  and  amerciats  her  in 
ane  hundred  punds  Scots. 

Shereff  to  be  charged.  The  magistrats  and  counsell  ordains  Thomas 
Donaldsone,  thesaurer,  to  imploy  John  Chalmcr,  messenger,  to  goe  to 
Forres  and  chairge  the  Shereffe  principall  of  Elgin  and  Forres  be  vertue 
of  letters  of  horning  raised  at  their  instance  against  him  for  incroaching 
on  their  freedome  and  priviledges  and  to  get  the  messenger's  executions 
on  the  horning  with  all  possible  diligence. 

[Papers  left  at  Edinburgh :  the  toun's  great  charter  1633,  ratification 
1661,  and  the  toun's  old  decreet  against  the  shereff  1540.] 

[The  clerk  is  appointed  to  draw  charters  to  Alexander  Sutherland, 
second  son  to  Alexander  Sutherland  of  Kinminitie  and  Barbara  Guthrie, 
his  spouse,  of  the  town  and  arable  lands  of  Mostowie,  half  of  Croft  Croy 
and  half  of  the  houses  and  tofts  in  Old  Mills.] 

October  nth. — The  counsell  having  considered  the  proces  raised 
before  the  lords  of  his  Majesties  privie  counsell  at  the  instance  of  William 


1700.]  TOWN   COUNCIL  MINUTES.  361 

Paull,  merchant  in  Elgin,  against  William  King,  provest,  James  Stewart 
and  Robert  Andersone,  baillies,  etc.,  resolve  to  defend  the  action  at  the 
expense  of  the  burgh. 

1698. 

April  1 8th. — A  baillie  to  meet  with  the  kirk  session.  The  counsell  hes 
appointed  that  in  tyme  coming  the  baillies  sit  and  meet  with  the  kirk 
sessione,  ilk  baillie  monethlie,  for  interponing  there  authority  to  the  acts 
of  the  kirk  sessione  as  they  shall  sie  convenient  and  appoints  Baillie 
Innes  to  begin  and  so  each  baillie  to  keep  their  turn. 


1699. 

August  2 1 st. — The  counsell  agree  to  enter  Sir  Alexander  Innes  of 
Coxtoune  by  a  de  novo  damns  to  the  lands  of  Wester  Pettenseir  and  to 
modifie  his  compositione  and  bygone  few  duties  to  his  own  pleasure 
considering  the  freindship  which  the  said  Sir  Alexander  Innes  upon  all 
occationes  testifies  towards  this  burgh. 

September  25th. — The  counsell  appoints  the  Michaellmas  head  court 
to  be  holdin  upon  Wednesday  the  fourth  of  October  nixt. 

The  counsell  ordains  notorious  soroners,  wagabonds  or  strangers  to 
be  instantly  banished  the  burgh  and  territories  thereof  in  terms  of  the 
acts  of  his  Majesties  privie  councell  and  proclamatione  anent  mantaining 
and  provyding  for  the  poor  and  returning  home  wagabonds,  soroners  and 
straingers  to  their  respective  paroches  and  countryes. 


I  700. 

May  2Oth. — Robert  Anderson  and  George  Chalmer  elected  conjunct 
toun  clerks  of  this  burgh  ad  vitam  aut  culpam,  considering  the  great 
trouble,  perrill,  hazard,  toyll  and  fatigue  the  said  Robert  Andersone  had 
in  provyding  for  billeting  and  quartering  his  Majesty's  forces  in  their 
locall  and  transient  quarters  in  the  burgh  and  considering  the  said 
George  Chalmer's  father,  grandfather  and  grand  uncle  servit  this  burgh 
as  toune  clerke  and  considering  Robert  Anderson  and  George  Chalmer 
have  served  this  burgh  faithfully  and  honestly. 

W  I 


362  RECORDS  OF  ELGIN.  [l/OO. 

September  i8th. — Articles  of  Agreement  betwixt  the  Toun  and  Trades: 

(1)  That  the  old  deaconrie  setled  betuixt  the  Toun  Councill  and  the 
crafts,  1657,  and  all  other  agreements  be  restored  to  them,  the  weaver 
craft  being  excluded  because  they  have  made  no  present  applicatione. 

(2)  Ilk  craft  to  choose  their  own  deacon  instead  of  ilk  craft  giving  in  a 
list  of  three  out  of  which  the  Magistrates  and  Councill  choose  one  to  be 
deacon.     (3)  A  deacon  not  to  be  re-elected  except  with  the  Magistrates' 
consent.     (4)  The  Magistrates  to  have  the  power  to  oversee  the  election 
of  deacons.     (5)  The  counsell  as  before  to  choose  a  deacon  convener  out 
of  a  list  of  three  to  be  given  in,  said  deacon  convener  to  sit  as  one  of  the 
members  of  Toun  Councill.      (6)  Out  of  the  number  of  the  remaining 
deacons  chosen  yearly  the  Magistrates  and  Councill  are  to  choose  other 
tuo,  who  are  also  to  sit  and  vote  with  the  conveiner  in  the  Toun  Council. 
(7)  That  the  Magistrates  and  Councill  have  full  freedom  once  in  the  tuo 
years   to   reccave   any   stranger   to   the   freedome   of  this  burgh  upon 
payment  making  of  such  money  to  toun  and  craft  as  they  shall  modifie, 
he  being  of  a  trade  not  as  yet  practised  within  this  place  or  one  who  can 
work  eather  in  mettalls  or  others  to  a  perfectione  not  as  yet  attained  to 
in   this   place.      (8)  In    respect  there  are  severall  factious  and  seditious 
tradesmen  amongst  the  respective  crafts  who  have  made  it  there  study  to 
set  the  Toun  Council  gildrie  and  crafts  of  this  burgh  at  varriance  it  is 
agreed  upon  both  by  the  Toun  Councill  and  crafts  that  the  incorpora- 
tiones  of  the  crafts  shall  exclude  from  there  publict  offices  and  meetings 
such  as  the  Magistrates  and  Town  Councill  shall  name  and  make  appear 
to  have  been  such,  the  number  named  not  being  above  ten,  the  trades 
referred    to   being   the   hammermen,  glovers,  shoemakers,  wrights   and 
tayleors. 

September  23rd. — James,  Lord  Duffus,  unanimously  elected  a  member 
of  the  town  councill  and  afterwards  provost.  He  takes  the  oath  of 
allegiance  and  subscribes  the  same  with  the  Assurance  and  band  of 
Association. 

October  8th. — The  Councill  appoints  Saterday  next  the  I2th  inst.  to 
meet  and  consider  the  disturbances  committed  be  John  Sutor,  late 
Deacon  to  the  Carpenters,  James  Pedder,  late  Deacon  to  the  shoemakers, 
and  Robert  Blensher,  late  Deacon  to  the  tayleors,  James  Roy,  wright, 
and  Alexander  Forbes,  smith,  in  the  church  the  last  Lord's  day,  and 
appoints  them  to  be  cited  to  compeir  for  the  samen. 


1701.]  TOWN   COUNCIL  MINUTES.  363 

[No  minute  recorded  I2th  October,  and  no  minutes  between  i6th 
October,  1700,  and  loth  March,  1701,  the  minute  book  being  probably 
at  Edinburgh.] 

October  i6th. — The  Council  engage  to  relieve  the  defenders  called  in 
the  Council  proces  at  the  instance  of  Baillie  Innes  before  the  Lords  of 
his  Majesty's  Privie  Councill  against  William  King  of  Newmiln,  late 
Provost,  and  others  for  several  pretended  malversations.  The  Council 
grant  warrand  to  the  clerk  to  carry  to  Edinburgh  the  Court  and  Council 
books  to  be  produced  before  His  Majesty's  privie  Councill. 


I  701 . 

March  loth. — The  Baillies  presented  ane  act  of  the  privie  Councill 
freeing  this  burgh  from  receavcing  prisoners  for  civill  debts  untill  Whit- 
sonday,  1703  years,  and  lykcwayes  granting  warrand  to  put  shekles 
upon  Linkwoods  in  the  tyme  of  his  furiosity  for  preventing  his  escape. 

Toun  Guards.  In  respect  the  toun's  guards  are  ill  keeped  therefore 
the  councill  appoints  the  baillies  to  reforme  the  samen. 

September  22nd.— Petition  from  the  Weavers  showing  that  they  were 
wrongly  induced  to  abet  the  pursuers  in  the  action  before  the  Privy 
Council  against  the  Provost  and  others.  They  now  see  their  error,  plead 
for  pardon  and  ask  to  be  received  in  favour  and  to  share  the  benefit  of 
the  late  agreement  with  the  other  Crafts. 

October  2Oth. — The  Comitie  for  regulating  the  guard  rolls  gave  in 
the  samen  consisting  of  sextein  guards  with  twenty  men,  a  captain  on 
each  guard  which  are  read  and  approven  and  appointed  to  be  given  out 
to  the  respective  captains  who  are  ordained  to  keep  guards  conforme  to 
their  severall  turns  from  eight  acloak  at  night  to  sex  acloake  in  the 
morning  and  the  thesaurer  is  appointed  to  furnish  each  guard  with  four 
candle  and  four  duzon  of  peats  every  night  and  to  the  effect  the  saids 
peats  may  be  gottin  in  readie  the  Councell  appoints  two  of  the  Baillies 
to  goe  out  with  their  first  conveniencie  to  Mosstowie  and  hold  court  and 
decern  the  haill  inhabitants  thereof  who  live  be  the  town's  mosses  to  give 
a  load  of  peats  for  that  use  and  thereafter  to  appoint  the  town's  hyrers  to 
lead  home  the  samen  and  statuts  and  enacts  that  all  other  peats  that  are 
brought  to  the  publict  mercat  and  bought  be  the  inhabitants  of  this 


364  RECORDS  OF   ELGIN.  [1702. 

burgh  shall  pay  a  peat  out  of  the  load  in  time  coming  for  furnishing  the 
saids  guards  in  peats  and  the  magistrats  to  appoint  the  town  officers  or 
any  other  persone  they  please  to  uplift  the  samen  and  ilk  absent  from 
the  guard  the  captain  is  authorized  to  fine  them  in  sextein  shilling  Scots 
for  the  night's  absence  and  the  councell  leavs  it  to  the  discretion  of  the 
captain  to  receave  a  sufficient  man  for  such  as  cannot  attend  the  guards 
themselves. 

John  Gilzean's  burgess  bill  as  a  militia  man  and  for  goeing  to  Argil's 
host  renewed  to  him  for  payment  of  a  summe  of  money  which  the 
Councell  modified  to  ten  merks  Scots  and  appoints  the  thesaurer  to 
discharge  the  samen. 

October  27th. — Order  for  helping  some  Broads,  The  Councill  appoints 
ilk  inhabitant  who  has  horse  to  give  a  yoken  and  draughts  of  them  to 
help  the  back  passage  upon  the  south  syde  of  the  burgh  and  the  roads 
that  leads  to  Oldmilns  below  the  Marywell  brae  under  the  penaltie  of 
sex  shilling  Scots  for  ilk  one  who  shall  faill  to  send  their  horses  upon 
advertismcnt  be  the  town's  officers. 

Act  in  favours  of  John  Weir.  Upon  a  petition  from  John  Weir, 
saidler,  cravcing  liberty  to  sett  up  and  work  at  the  saidler  trade  within 
this  burgh  the  Councill  haveing  considered  the  samen  and  that  this  town 
and  countrie  are  ill  served  of  sadlers  and  that  the  saidler  trade  are  none 
of  the  saids  crafts  comprehended  in  the  agreement  with  the  town  there- 
fore they  allow  the  said  John  Weir  to  sett  up  at  his  trade  for  one  year 
that  within  that  tyme  they  may  understand  his  qualifications. 

November  4th. — Tack  of  the  pettie  customs  for  three  years  to 
William  Chalmer  for  500  lib.  yearly. 


I  702. 

February  4th. — Order  for  bringing  again  the  march  stone  of  Main. 
It  being  represented  that  Bailly  John  Donaldsone  has  by  some  mistake 
removed  one  of  the  march  stones  betwixt  the  toun  and  the  lands  of 
Mayn  the  Councell  appoints  Baillie  Douglass  to  intimat  to  him  to  bring 
the  said  stone  and  sett  it  in  the  place  where  it  formerly  stood  under  the 
penalty  of  being  pursued  as  a  remover  of  land  marks. 


1702.]  TOWN   COUNCIL  MINUTES.  365 

February  2Oth. — Liberty  to  Mr.  William  Sutherland  for  building  a 
house  at  Lossiemouth.  The  Councill  upon  applicatione  made  be  Mr. 
William  Sutherland  third  lawfull  sone  to  my  lord  Duffus  anent  the 
liberty  of  building  a  hous  at  Lossiemouth  unanimously  allowes  and 
grants  warrand  to  the  said  Mr.  William  Sutherland  to  build  ane  hous 
or  other  conveniencies  at  Lossiemouth  upon  any  peice  of  ground  except 
that  peice  upon  which  the  toun  were  to  build  there  hous  and  for  building 
therof  they  allove  him  20  ells  of  ground  square  or  more  if  he  desyrs 
reserving  the  modificatione  of  what  few  duety  he  shall  pay  for  the  sameti 
to  the  Councill  and  allowes  the  said  Mr.  William  Sutherland  to  caus  win 
stons  in  the  rocks  and  quarries  at  Lossiemouth  for  building  the  said 
hous. 

Appointment  for  feiving  the  Cattaills.  The  Councill  considering 
that  the  grass  of  the  cattaills  and  houses  belonging  thereto  are  in  the 
toun's  rentalls  at  42  pund  yearly  is  become  very  incffectuall  and  that  the 
toun  thir  many  years  cannot  get  the  same  effectually  set  nor  the  rent 
therof  made  good  and  that  there  is  a  warrand  from  the  general! 
conventione  of  the  borrowes  for  fewing  therof  and  that  there  are  offeirs 
made  to  few  the  greens  at  the  rate  of  the  said  42  punds  therefore  the 
Councill  appoints  the  said  grass  of  Cattaills  to  be  fewed  reserving 
alwayes  the  haill  muirs  lyand  in  the  south  and  south  west  syds  thereof 
as  comonty  after  the  form,  maner  and  way  of  possession  used  in  all 
tymes  bypast  and  for  that  effect  the  said  Councill  appoints  thrie  publict 
roups  upon  thrie  severall  dayes  to  be  made  within  the  tolbooth  of  the 
said  burgh. 

April  2 ist. — Commission  to  James  Baird,  writer  to  the  signet,  to 
agree  with  the  Managers  of  the  Foreign  Customs  and  Excyse  ancnt 
what  shall  be  found  due  to  the  toune  for  their  share  therof  conform 
to  the  formula  given  in  be  the  toun. 

James  Brodie,  pirivick  maker  in  Elgin,  reseawed  and  admitted  burges 
and  frieman  of  this  burgh  and  that  gratis  at  the  speciall  desyre  of 
James  Brodie  of  that  ilk  and  George  Brodie  of  Askleisk. 

June  nth. — A  charter  and  few  right  of  the  Cattaills  to  be  granted  to 
David  Brebmer,  merchant,  who  has  consigned  1 1 50  merks  therefor. 

June  27th. — The  Magistrats,  Toune  Counsell  and  deacons  of  craft 
take  and  subscribe  the  oath  of  alledgeancc  and  assurance  to  Queen  Ann. 
[One  of  the  subscriptions  is  as  follows : — "  I  B  (at  comand  of  James 


366  RECORDS  of  ELGIN. 

Bannerman,  deacon  of  the  shoemakers  and  one  of  the  toun  counsell 
who  cannot  wreat  himself)."] 

August  27th. — Order  for  writting  to  Durie  anent  Linkwoods.  The 
Counsell  have  vnanimouslie  agreed  that  my  Lo/  Duffus  vreit  ane  letter 
to  Sir  Alexander  Gibson  of  Durie  anent  the  secureing  the  toun  and 
inhabitants  therof  against  any  prejudice  they  may  sustain  be  Robert 
Gibson  of  Linkwoods  and  upon  granting  therof  the  toune  will  be  at  the 
expenses  of  carieing  him  south  to  Edinburgh. 

August  3 1  st. — Baillie  Stewart's  accounts  as  Commissioner  to  Par- 
liament and  Convention.  It  is  found  that  James  Stewart,  late  baillie, 
vent  from  Elgin  upon  the  eight  day  of  June  last  to  attend  the  session  of 
parliament  and  convention  and  returned  upon  the  second  day  of  Agust 
instant  extending  to  fiftie  sex  days  at  thrie  punds  per  diem  to  168  punds 
and  that  his  horse  hyr 'south  and  north  extends  to  20  punds  qlk  in  all 
amounts  to  188  punds  Scots. 


1703. 

January  4th.  —  Order  for  Linkwood's  releasment.  John  Gordon  of 
Leitchestoun  and  Peter  Gordon,  his  eldest  son,  become  sureties  for 
Robert  Gibson  of  Linkwoods  his  peaceable  behaviour  to  all  the 
inhabitants  of  this  burgh.  The  Councill  unanimouslie  ordain  the  said 
Robert  Gibson  to  be  released  out  of  their  prison  upon  the  said  John  and 
Patrick  Gordons  their  granting  a  bond  of  cautionrie  of  Lawburrows  to 
all  the  inhabitants  of  this  burgh  and  the  said  Robert  his  paying  what 
damnages  he  has  done  to  the  nether  tolbooth  and  building  the  buttress 
by  the  sight  of  the  magistrates  but  prejudice  to  the  magistrates  to  pursue 
the  said  Robert  Gibson  for  his  burning  the  tolbooth. 

The  Councell  condiscend  that  the  augmentation  of  the  few  duty  of 
Cattaills  attour  the  old  few  duty  be  one  pund  Scotts  and  that  the  entry 
of  any  singular  successor  not  a  burges  or  inhabitant  of  this  burgh  be  200 
merks  and  that  the  Councell  have  liberty  to  make  a  high  way  through 
that  part  of  the  said  lands  opposit  to  the  school  wynd  of  the  breadth  of 
40  foot  and  that  David  Bremner  and  his  heirs  and  successors  be  restricted 
from  casting  peats  in  any  part  of  the  said  lands  except  in  such  stanks  as 
shall  be  convenient  for  draining  therof. 


1703.]  TOWN   COUNCIL  MINUTES.  367 

April  7th.  —  Resignation  of  Mostowie  in  favours  of  Mr.  William 
Sutherland  and  his  Ladie.  James  Anderson  as  procurator  for  James 
Lord  Duffus  resigns  the  town  and  lands  of  Mosstowie  in  the  hands  of 
the  baillies  of  Elgin,  superiors  thereof  for  new  infeftment  of  the  same  to 
William  Sutherland,  third  son  to  said  noble  lord  and  Helen  Duff,  his 
spouse,  daughter  of  William  Duff  of  Dipple,  conforme  to  a  contract  of 
marriage  signed  at  Elgin  and  Inverness  the  I7th  and  22nd  October  last. 
His  entrie  modified  to  40  pund  Scotts. 

April  26th. — 100  punds  Sc.  appointed  to  be  paid  to  Master  William 
Sutherland  the  toun's  commissioner  to  the  ensueing  parliament  for 
defraying  his  charges  thereat. 

Act  for  selling  Provost  Cuming's  houses  to  Baillie  Calder.  The 
Councill  has  agreed  to  dispone  to  Thomas  Calder,  baillie,  the  borrow 
lands,  tennements  and  yairds  pertaining  to  umq11.  George  Cuming, 
provost  of  Elgin,  and  disponed  to  the  town  be  William  Cuming  of 
Achry  for  200  merks. 

September  6th. — James  Russell,  bellman.  The  Councill  constitutes 
and  appoints  James  Russell,  merchant  in  Elgin,  to  be  their  bellman  and 
the  said  James  Russell  obliges  him  that  he  shall  keep  the  toun's  clock  so 
right  in  her  going  as  that  she  shall  not  go  half  an  hour  wrong  backward 
or  forward  in  twenty  four  hours  time  as  als  he  obliges  himself  to  ring  the 
eight  hours  bell  at  night  and  four  hours  bell  in  the  morning  punctually 
and  if  he  faill  in  either  to  lose  his  said  office  and  be  at  the  Councill's  will 
as  alse  he  dispences  with  all  the  oill  and  tallow  which  the  toun  were 
formerly  in  use  to  pay  quarterly  for  upholding  and  keeping  right  the 
clock  and  bells  which  he  shall  now  do  on  his  own  charges  and  also  he 
dispences  with  and  shall  crave  no  yearlie  salary  from  the  town  in 
consideration  of  which  he  shall  have  the  sole  right  to  the  dues  of  the 
little  bell  with  the  casualities  of  the  great  bell  besides  what  is  payable  to 
the  treasurer  and  the  Councill  appoints  the  treasurer  to  give  to  the  said 
James  Russell  two  dollars  for  bussing  the  clock. 

[At  this  period  persons  admitted  as  burgesses  usually  paid  50  marks.] 

November  Qth. — David  Sutherland,  glover,  son  to  Thomas  Suther- 
land, portioner  of  Keamb,  admitted  as  the  provost's  burgess  for  this 
current  year.  [He  takes  the  oath  but  makes  no  payment] 

November  i5th. — The  Council  ratifies  the  agreement  with  Robert 
Innes  of  Mondoll  as  cautioner  for  Linkwoods  in  the  lawborrows  set  by 


368  RECORDS  OF   ELGIN.  [1704. 

Linkwoods  to  the  heall  inhabitants  of  this  burgh  wherby  the  magistrates 
cause  the  treasurer  grant  ane  discharge  to  Mondoll  for  his  cautionrie  for 
Linkwoods  and  ane  assignatione  for  his  relief  upon  payment  of  400 
merks  Sc.  with  100  merks  more  to  be  paid  be  him  and  Coxtoune  which 
400  merks  was  payed  to  the  massons  for  building  the  harbour  at 
Lossiemouth. 

Address  in  favours  of  Mr.  Henderson.  The  Councill  unanimously 
agreed  to  send  ane  address  to  the  privie  Councill  in  favours  of  Mr. 
James  Hendersone,  minister  of  the  gospell,  anent  the  process  raised 
against  him  before  the  privie  Councell  at  the  instance  of  the  agent  for 
the  kirk  and  her  Majesties  advocat. 


I  704. 

June  1 2th. — The  Councill  enacts  and  ordaines  that  the  officers  in 
tyme  coming  carrie  their  halberts  when  they  come  to  the  street  and 
when  they  have  occasione  to  goe  in  to  any  house  that  they  leave  their 
saids  halberts  at  the  closs  head  so  that  they  may  be  the  easier  found 
when  the  magistrats  or  any  of  the  burgesses  or  inhabitants  have  anie 
service  for  them  as  also  the  officers  are  ordained  to  wear  their  swords  on 
mercat  days. 

November  6th. — The  Councill  grant  warrand  to  Thomas  Hosack  to 
win  in  three  bolls  sowing  of  the  moors  belonging  to  the  town  lying 
besouth  Mostowie  he  to  pay  nothing  therefor  for  the  first  seven  years. 

George  Junken,  latelie  servitor  to  Lord  Duffus,  created  burges  and 
gild  brother  as  the  provost's  burges  for  this  year. 

December  2ist. — The  Council  fine  James  Gordon,  junior,  merchant 
in  Elgin,  100  punds  Scots  for  contemning  and  defaming  the  magistrates 
and  magistracy  of  this  burgh  in  as  far  as  the  said  James  Gordon  being 
one  night  in  the  month  of  March  last  in  company  did  say  that  the 
magistrals  of  this  burgh  were  a  parcell  of  beasts  for  giving  so  large 
concessions  to  the  trades  therof  as  they  had  by  the  agreement  twixt  the 
toun  and  them. 


1705.]  TOWN   COUNCIL  MINUTES.  369 


1705. 

February  22nd. — The  Council  resolve  to  submit  to  arbitration  the 
Exchequer  proces  depending  at  the  instance  of  William  Paull,  James 
Gordon,  senr.  and  junr.,  William  Mitchell  and  Charles  Gordon, 
merchants,  in  this  burgh  against  the  Magistrats  and  Treasurer. 

April  yth. — The  Council  considering  a  tumult  arose  in  town  upon  the 
4th  inst.  occasioned  by  a  crowd  of  apprentices  meeting  in  a  seditious 
manner  and  assaulting  of  James  Davidson,  sadler,  ordain  that  apprentices 
taking  part  in  rabbles,  mobs  or  tumults  shall  be  banished  the  burgh. 

July  i6th.  —  The  tounes  marches  from  the  lands  of  Mayne  and 
Aikenhead,  now  pertaining*  to  Thomas  Brodie  of  Pittgeavenie,  and  the 
lands  formerlie  pertaining  to  Robert  Gibsone  of  Linkwoods  and  now  to 
Sir  Alexander  Innes  of  Coxtoune  to  be  visited  the  morrow. 

September  I2th. — The  Council  give  warrand  for  a  submission  tuixt 
the  Council  and  some  merchants  and  inhabitants  (William  Paull  and 
others).  There  is  presently  a  Committee  of  the  Royal  Borrows  sitting 
in  this  town  in  order  to  accommodate  the  differences  of  the  town. 

September  i3th. — Submission  and  decreet  arbitral!  betuixt  the 
Council  of  Elgin  and  inhabitants  therof.  Differences  have  existed  for 
eight  or  ten  years  as  the  same  persons  were  always  kept  in  the  Council, 
&c. 

Set  of  the  Burgh  of  Elgin  made  by  a  Committee  of  the  Burrows : — 
That  the  number  of  the  Town  Council  of  Elgin  shall  consist  of  seventeen 
councellors  including  the  Deacon  Conveiner  for  the  time  and  two  other 
deacons  of  trades  which  two  Deacons  are  to  be  chosen  by  the  Councill 
conform  to  the  trades  their  contract  with  the  gildrie :  Item  that  Munday 
imediatly  preceeding  Michaelmas  yearlie  be  the  day  of  the  election  of 
the  new  Council  for  the  ensuing  year  :  Item  that  Tuesday  therafter 
imediatly  preceeding  Michaelmas  as  said  is  be  the  day  of  the  election 
of  the  Magistrats  and  other  office  bearers  of  the  said  burgh :  Item  that 
there  shall  be  putt  off  yearly  of  the  old  Councill  three  of  the  gildrie  and 
two  of  the  trades  and  in  their  place  as  many  elected  of  the  same  quality: 
Item  that  out  of  the  forsaid  number  of  the  Councill  ther  shall  be  chosen 
ane  provest,  four  baillies,  Dean  of  gild  and  treasurer  and  other  office 
bearers,  which  provost  shall  not  continue  in  office  of  provostry  above 

X  I 


370 


RECORDS  OF  ELGIN.  [1706. 


three  years  at  once  but  prejudice  always  to  change  him  yearlie  as  the 
Councell  shall  think  fitt  and  the  saids  baillies,  dean  of  gild,  treasurer  and 
other  office  bearers  shall  not  continue  in  their  said  offices  above  two  years 
at  once  but  prejudice  to  change  them  yeirlie  as  said  is :  Item  that  the 
provost,  baillies,  dean  of  gild  and  treasurer  shall  ex  officiis  be  continued 
on  the  Councill  for  the  nixt  year  after  they  are  putt  off  their  respective 
offices :  Item  that  the  old  Councill  yearly  choise  the  new  Councill  and 
that  both  old  and  new  Councils  yearly  choise  the  Magistrats  and  other 
office  bearers :  Item  that  no  person  be  capable  to  be  elected  a  Magistral, 
office  bearer  or  councillor  within  the  said  burgh  except  residenters  and 
burgesses  within  the  same  actuall  traders  and  trafficquing  merchants 
bearing  scot  and  lott  and  all  portable  charges  with  neighbours  therin 

.  [assessors  to  the  dean  of  guild  and  stent  masters  to  be  appointed] : 
Item  that  no  stent  be  imposed  on  the  inhabitants  of  the  burgh  except 
the  publick  cess  due  by  law  without  consent  of  ane  head  Court  .  .  . 
[A  Head  Court  to  be  held  yearly.] 

November  26th. — Bailie  Brodie  has  the  keys  of  the  prison  where 
Linkwood  is. 

December  i;th. — The  Councill  takeing  to  their  consideratione  that 
their  is  one  of  the  keyes  of  the  tounes  cadzet  amissing  therfore  the 
Councill  ordaines  the  cadzet  to  be  brok  open  and  the  heall  papers  and 
writts  which  are  lyeing  therein  to  be  taken  out  and  putt  in  ane  chest 
belonging  to  Baillie  Russell  which  is  ordered  to  lye  in  his  owne  custodie 
and  the  key  thereafter  to  be  given  and  keept  by  the  provost  till  the  lock 
of  the  old  cadzet  be  helped  and  the  baillies  and  such  other  of  the 
councill  as  pleases  to  attend  is  to  go  about  this  the  morrow  afternoon 
at  three  accloak. 

The  Councill  takeing  to  consideratione  that  in  former  tymes,  at  least 
these  severall  years  bygon  their  was  no  custom  exacted  for  malt  brought 
in  and  sold  in  the  toune  therfore  the  Councill  declared  that  they  will 
take  to  their  consideratione  next  Councill  day  the  same. 


I  706. 

January  7th. — There   being   an  additional  impositione   of  £18    Sc. 
monethly  layd  on  upon  this  burgh  by  the  late  Conventione  of  burrows 


1706.]  TOWN   COUNCIL  MINUTES.  371 

therfore  35.  4d.  Sc.  to  be  exacted  for  ilk  boll  of  country  malt  brought  in 
and  sold  within  this  burgh  to  the  brewers  and  retaillers  excepting  private 
brewers  and  retaillers. 

William  Sanders,  phiscall,  lyes  incarcerat  within  the  tolbooth  of 
Forres  for  a  debt.  He  craves  the  benefit  of  the  Act  of  Parliament 
anent  alimenting  poor  prisoners.  Robert  Chalmers  is  appointed  phiscall. 

January  2ist. — The  Councill  does  herby  ordain  that  the  great  bell  be 
rung  every  night  at  eight  aclock  exactly  and  the  drum  to  begin  and  beat 
at  nine  aclock  every  night  precisely  and  the  clock  to  be  wind  up  at 
tuelwe  aclock  each  day  as  also  the  great  bell  to  be  rung  every  morning 
at  fyve  aclock  exactly  and  the  drum  to  begin  and  beat  at  four  aclock 
exactly  and  the  bellman  and  drummer  are  ordered  to  observe  this  act 
precisely  under  pain  of  deprivation  of  their  offices. 

January  28th. — The  Councill  considering  a  letter  direct  to  them  by 
Sir  Robert  Forbes  of  Auchinhove,  advocat  and  agent  to  the  Borrows, 
bearing  that  the  Privy  Council  had  granted  a  warrand  for  a  voluntar 
contribution  to  him  for  building  a  bridge  on  the  water  of  Dee  a  little 
below  the  toun  of  Kincardin  and  therfor  intreating  the  Councill  would 
ordain  the  contribution  to  be  gathered  by  some  of  their  own  number 
from  each  particular  person's  own  hands  and  going  from  house  to  house, 
They  in  obedience  to  the  said  Act  of  Councill  and  for  the  respect  they 
bear  to  the  said  Sir  Robert  Forbes  allow  the  said  contributione  to  be 
sought  in  maner  forsaid  and  for  that  end  do  nominat  Baillie  Gordon  and 
James  Gordon,  senior,  to  collect  the  same. 

March  25th. — The  Councill  considering  that  Robert  Gibson  of  Link- 
woods  is  presently  very  furious  and  had  almost  broken  their  prison 
they  by  virtue  of  the  Act  of  Secret  Council  granted  them  ordain  him 
imediatly  to  be  secured  in  irons. 

July  8th. — The  Sorrow's  Ratification  of  the  Sett  agreed  to  I3th 
September,  1705  [here  recorded  in  full]. 

There  is  £6  Sc.  due  to  James  Gordon,  senior,  for  mourning  ribbands 
given  to  the  officers  at  Baillie  Russell's  buriall. 

David  Stewart  and  James  Anderson  elected  clerks  to  the  Town 
Council  ad  vitam  aut  culpam. 

October  7th. — The  Councill  do  recommend  to  the  Provost  (who  is 
going  south  to  the  Parliament)  to  endeavour  to  procure  an  Act  of  Privy 
Council  for  a  voluntary  contribution  towards  building  the  tolbooth  and 


372  RECORDS  OF  ELGIN.  [l7°7- 

advancing  the  harbour  at  Lossie.  The  Councill  recommend  to  the 
provost  to  endeavour  to  gett  ane  Act  of  Parliament  in  the  town's 
favours  for  two  pennies  Scots  upon  the  pynt  ale  to  be  applied  for 
clearing  the  town's  debt. 

November  i8th. — The  Council  upon  a  petition  presented  to  them  by 
the  Trades  ordain  the  bedall  to  ring  the  great  bell  each  night  at  ten 
aclock  as  being  a  fitter  hour  for  tradesmen  to  leave  off  their  work  and 
that  upon  the  one  side  of  the  bell. 

December  I5th. — The  Councill  appoints  the  treasurer  to  take  such 
methods  as  may  be  effectual  to  preserve  the  town's  clock  from  being 
spoilt  by  the  injurie  of  the  weather  and  blowing  from  the  north  and 
south  open  places  in  the  steeple. 

1707. 

April  28th. — John  Gordon  gave  in  the  keys  of  the  laigh  prisson  house 
where  Linkwoods  lyes  which  were  given  to  John  Sutler. 

May  1 2th. — The  mosswards  are  all  equally  divided  in  the  charters 
but  very  unequally  divided  in  the  manner  they  are  now  possest.  The 
magistrats  and  lynstars  are  to  lyne  the  wards  from  their  west  march 
with  the  lands  of  Main  to  the  eastmost  of  the  wards  contiguous  with  the 
Cattails  as  they  are  presently  possest  and  to  sett  off  to  each  heritor  the 
thirty  two  part  of  the  said  platt  of  ground  whereof  all  the  heretors 
inhabitants  in  town  are  to  be  certiorat  by  publick  intimation.  They 
reckon  32  spaces  to  each  aughten  part's  ward  and  compting  ane  Scots 
eln  of  38  inches  to  the  space  and  including  6  quarters  for  stanks  tb  each 
ward.  The  Councill  appoints  the  measures  above  written  to  be  the 
standart  in  lyning  the  wards  in  all  time  coming. 

May  28th. — Marie  Bannerman,  relict  of  George  Leslie  of  Findrasie, 
is  to  mortifie  1000  merks  Sc.  for  the  poor  of  the  parish  of  Spynie.  The 
town  council  agree  to  stock  it  in  their  hands. 

Some  of  the  town's  houses  and  lands  are  sold  at  sight  of  the 
commissioners  of  Inverness,  Nairn  and  Forres  towards  payment  of  their 
debts.  Houses  sold  for  2000  merks  Sc.  One  of  the  conditions  of  the 
roup  of  the  town's  houses :  The  roup  is  to  be  by  inch  of  a  candle. 

June  i6th. — John  Innes  of  Dyckside  represented  that  he  had  formerly 
mortified  1000  merks  to  the  poor  whereof  600  merks  to  the  poor  of  Elgin 


1708.]  TOWN   COUNCIL  MINUTES.  373 

and  400  to  the  poor  of  Birnay  and  St.  Andrews  equally  which  money 
was  now  in  the  hands  of  George  Innes  of  Dunkintie  conform  to  a  bond 
granted  to  the  Magistrates  as  patrons  of  the  mortification.  The  said 
John  Innes  now  designs  to  mortify  1000  merks  more  and  for  that 
purpose  has  purchased  the  Shutting  Acres  from  Robert  McKean  at 
^1500.  To  the  poor  of  Elgin  the  @rent  of  1000  merks,  of  Longbride 
400  merks,  of  Birnay  200  merks,  of  St.  Andrews  200  merks  and  of 
Urquhart  200  merks. 

June  23rd. — The  town's  marches  to  be  visited  Saturday  next  by  the 
heall  burgesses. 

[John  Innes  of  Darklen's  mortification  here  recorded  in  full.] 

August  6th. — The  Council  is  debtor  to  Mr.  William  Sutherland, 
provost,,  for  .£451  43.  Sc.  for  his  Commissioner  fees  at  the  last  Session 
of  Parliament  from  8th  October,  1706,  to  5th  April,  1707,  and  for  his 
horse  hyre  south  and  north  and  a  guinea  given  in  to  the  Clerk  Register 
with  the  draught  of  an  Act  of  Parliament  in  the  Town's  favours  for  two 
penies  on  the  pynt. 

September  22nd. — William  Duff  of  Dipple,  now  residing  in  the  burgh, 
elected  a  Councillor  also  Kenneth  McKenzie,  apothecary. 

1708. 

January  1 2th. — The  Lossie  Wynd  Port  to  be  looked  to  and  to 
consider  what  reparations  will  be  necessary  to  be  made  by  masons.* 

February  loth. — The  Councill  considering  that  the  tolbooth  of  this 
burgh  being  latelie  burnt  be  Linkwoods  does  yet  remain  unrepaired  and 
anything  yet  remaining  therof  is  altogether  insufficient  as  also  consider- 
ing that  the  town  have  been  often  desired  be  the  Justices  of  Peace  to 
repair  their  said  prison  and  that  be  reason  of  the  severall  debts  and 
burdens  wherin  the  town  is  engaged  the  common  good  is  noways  able  to 
help  the  said  work  in  the  least  and  therfor  the  Councill  unanimouslie 
appoint  a  Head  Court  of  all  the  Burgesses  to  be  called  the  2ist  inst.  that 
the  true  state  of  the  matter  may  be  exposed  to  them  and  they  either 
voluntarly  contribute  therfor  or  consent  to  a  stent. 

*  All  trace  of  this  Port  is  gone,  but,  to  mark  the  spot,  Provost  Culbard,  with  the  interest  he 
takes  in  all  matters  antiquarian,  caused  a  stone  to  be  placed  on  a  house  in  Lossie  Wynd  with  the 
following  inscription^ — "  Remnant  of  North  Port  Found  10  Feet  due  East.  1884. 


374  RECORDS  OF  ELGIN.  [1708. 

The  Council  conform  to  the  custom  of  their  predecessors  and  the 
practice  of  other  burghs  in  naming  and  deposing  kirk  treasurers  and 
compting  with  them,  discharge  John  Sutor  from  acting  or  exerceing  as 
kirk  treasurer  in  time  coming  and  nominat  Andrew  Dick,  Hospitall 
master,  as  Church  treasurer  in  his  place. 

March  8th. — At  a  Head  Court  it  is  agreed  to  pay  voluntarily  for 
repairing  the  tolbooth. 

May  26th. — Election  of  a  Parliament  man  by  Elgin  t- Banff ,  Cullen, 
Kintore  and  Inverurie.  It  was  unanimouslie  agreed  by  the  whole 
Commissioners  that  whoever  shall  be  elected  to  represent  this  class  or 
district  of  burghs  shall  serve  all  the  sessions  of  the  ensuing  Parliament 
at  his  own  expence  and  shall  not  demand  nor  have  right  to  anie  Com- 
missioner fees  or  charges  or  debursements  whatsoever  from  all  or  anie  of 
the  burghs  he  represents  but  shall  subscrive  ane  valid  and  formall 
renounciation  and  discharge  therof  befor  he  receive  his  comission. 
Colonell  Patrick  Ogilvie*  of  Loanmay,  burges  and  inhabitant  of  the 
town  of  Cullen,  commissioner  from  the  burgh  of  Cullen,  is  unanimouslie 
elected  to  be  a  member  of  the  House  of  Commons  for  the  said  burghs.~f- 

June  4th. — On  Wednesday  last,  the  2nd  inst,  at  Trinitie  mercat  in 
this  town  ther  arose  a  tumult  occasioned  by  some  souldiers  seizing  and 
pressing  or  attempting  so  to  do  to  free  lieges  at  the  fair  for  which 
severalls  of  the  souldiers  were  committed  prisoners  and  remain  in  the 
tolbooth  yet  do  appoynt  tryall  to  be  taken  of  the  abuses  committed. 
The  Councill  considering  that  at  the  tumult  which  arose  in  the  mercat 
this  week  James  Roy,  carpenter  in  Elgin,  was  killed,  as  is  informed,  by 

*  On  the  top  of  the  Castle  Hill,  Cullen,  is  an  inscribed  stone  with  the  initials  M.  P.  O.  and 
D.  E.  B.,  and  the  date,  1688  ;  also  a  stone  with  the  Baird  arms,  probably  both  removed  from 
the  house  of  Patrick  Ogilvie  of  Pattenbringand,  Cullen.  His  wife  was  Elizabeth  Baird. 

t  Brigadier-General  Alexander  Grant  was  elected  Member  for  the  shire  of  Inverness  in  1708 
at  the  first  elections  in  Scotland  of  members  of  the  first  British  Parliament.  He  was  present 
in  Elgin  shortly  after  the  first  nomination  (on  26th  May,  1708)  of  a  member  for  the  district  of 
burghs,  of  which  Elgin  was  one.  While  in  the  town  he  was  made  the  subject  of  popular 
displeasure,  apparently  on  account  of  the  support  given  by  him  to  the  Union.  On  4th  June 
following  he  writes  to  an  agent  in  Edinburgh  :— "  Major  Clephan  will  give  you  a  full  account  of 
the  insulencie  happned  me  and  some  officers  at  Elgine  upon  the  2nd  inst.  ...  he  was  to 
waite  upon  the  Earle  of  Leven  and  receave  his  directions,  and  then  will  tell  you  what  method  to 
follow  and  order  money  for  doeing  it  ...  I  can  make  no  particular  libell  in  the  matter, 
since,  except  the  magistrals,  there  was  not  four  people  in  town  but  were  concerned  in  it,  so  it 
must  run  against  the  whole.  I  expect  your  care  in  this,  for  I  never  met  with  such  a  piece  of 
impudence  done  me,  though,  at  the  samen  [time],  it  was  the  samen  thing  to  them  if  they  could 
but  maul  any  body  that  either  served  the  Queen  or  was  well  affected  to  the  government." 
("Chiefs  of  Grant,"  I.,  335.)  . 


I/OS.]  TOWN   COUNCIL   MINUTES.  375 

John  Grantt  of  Carron,  appoint  a  letter  to  be  written  to  her  Majesties 
advocat  at  Edinburgh  and  the  town's  agent  that  the  advocat's  advice 
may  be  had  how  to  proceed  to  prosecute  the  murderer  and  the  wounds 
and  blood  given  to  severall  others  of  the  burgesses  the  forsaid  day. 

The  Councill  judging  it  convenient  that  the  inhabitants  of  this  burgh 
watch  and  ward  conform  to  the  custom  of  other  burghs  do  appoint  the 
haill  burgesses  to  keep  guard  night  by  night  as  they  shall  be  ordained  by 
the  Magistrates  and  appoint  a  repartition  of  the  whole  inhabitants  into 
twelve  guards  and  to  name  24  persons  for  captains  out  of  whom  the 
Councill  may  choise  twelve. 

June  25th. — The  Councill  appoints  the  Town's  marches  of  Mostowie 
to  be  ridden  to-morrow  and  the  inhabitants  to  be  warned  to  attend  the 
Councill  befor  noon. 

June  3Oth. — The  Councill  do  impower  the  Magistrates  to  subscrive 
an  comission  to  Thomas  Calder  to  uplift  and  receive  any  share  due  to 
this  town  of  the  sum  subscrived  for  by  the  Borrows  to  the  African 
Companie. 

July  2 1 st. — The  Councill  appoints  the  town's  marches  with  Link- 
woods'  lands  and  the  mosses  of  Strathkant  and  Glassgreen  as  also  their 
marches  with  Mayn  to  be  perambulat  Saturnday  next  and  all  the 
inhabitants  to  be  warned  to  attend  the  magistrates  said  day  under  the 
penalty  of  403.  Scotts  each  absent. 

The  Councill  upon  a  petition  from  William  Duff  of  Diple  and 
Mr.  Archibald  [Dunbar]  of  Thundertoun  for  themselves  as  heretors  of 
Liggat  and  in  name  of  the  tenants  therof  craving  leave  for  the  said 
tenants  to  cast  peats  in  the  Moss  of  Mostowie  this  season  1708  do  allow 
them  liberty  to  cast,  win  and  away  take  peats  this  season  allenarlie. 

August  2nd. — The  Councill  considering  the  calumnious  and  malicious 
information  made  to  the  Queen  and  officers  of  state  of  the  Magistrals 
and  Councill  anent  the  last  Michaelmas  election  and  certane  other  points 
as  if  they  were  disaffected  to  the  Queen  and  government  which  is  most 
false  as  also  considering  that  ther  was  latelie  a  precognition  taken  and 
witnesses  examined  by  the  sheriff  by  order  from  Mr.  Secretarie  Boyl  and 
Sir  James  Stewart,  advocat,  and  that  it  is  reasonable  the  Councill  should 
make  their  defence  and  vindication  from  these  aspersions  do  grant 
warrand  to  the  Provost,  Baillie  Falconer  and  James  Anderson,  clerk, 
to  draw  up  informations,  defences  and  ansuers  for  the  Councill  in  this 


376  RECORDS  OF   ELGIN.  [1708. 

affair  and  to  advise  and  consult  the  same  and  if  need  be  to  transmit! 
petitions  and  representations  to  the  Queen's  most  excellent  Majestic  of 
the  affair  and  to  subscrive  the  same  for  and  in  name  of  the  Councill  and 
to  follow  such  other  methods  as  they  shall  see  proper  for  the  Councill's 
defence  and  vindication  and  whatever  expence  they  are  at  theranent  the 
Councill  do  herby  oblige  them  and  their  successors  in  office  to  refound 
and  repay  the  same  to  them. 

The  Magistrats  reported  that  they  had  perambulat  the  town's 
marches  with  Linkwoods  and  Mayn  and  that  ther  was  severall  had 
casten  peats  in  that  part  of  the  Moss  of  Glasgreen  called  Michie's  Moss 
without  warrand  and  that  Pitgavinie  and  his  tenants  had  casten  peats 
within  the  bounds  of  the  piece  moss  in  contraversie  tuixt  the  town  and 
him  and  that  they  had  caused  arrest  the  said  peats  and  that  some  having 
carried  of  the  said  peats  since  the  arrestment  do  ordain  such  persons  to 
be  pursued  befor  the  judge  competent  for  damnages  and  breach  of 
arrestment. 

August  1 6th. — The  Provost,  Baillie  Falconar  and  James  Anderson 
reported  that  in  prosecution  of  the  Councill's  comission  last  sederunt 
they  had  gone  to  Aberdeen  and  there  by  the  advice  of  an  Lawyer  versed 
in  the  customs  of  England  had  drawen  an  petition  to  the  Queen  with  an 
Memorial!  to  the  Earl  of  Sunderland,  Secretarie  of  State,  and  subjoined 
short  notes  and  remarks  to  the  witnesses  depositions  all  which  they  had 
transmitted  in  a  letter  to  the  said  secretarie  of  which  procedure  the 
Councill  approves. 

September  a/th. — Resignation  made  be  Alexander  Sutherland,  elder 
of  Kinminitie,  and  Mris.  Barbara  Guthrie  of  the  wadsett  right  upon  the 
town  and  arable  lands  of  Mostowie  which  was  in  their  person  by  progress 
from  the  late  Lord  Duffus  in  favours  of  Mr.  William  Sutherland,  provost, 
and  Mrs.  Helen  Duff,  his  spouse,  conform  to  the  disposition  granted  be 
the  said  Alexander  Sutherland,  provost. 

October  nth. — Thomas  Brodie  of  Pitgavnie  claims  as  against  the 
town  the  piece  moss  at  the  south  end  of  the  Longhill  of  Birnay. 

The  Councill  considering  that  it  was  the  antient  custom  of  the  town 
councill  to  meet  everie  Munday  morning  at  eight  aclock  which  being 
som  while  past  in  disuse  they  of  new  statute  and  appoint  that  the  whole 
Councillors  meet  everie  Munday  morning  at  eight  aclock  on  the  ringing 
of  the  bell  without  any  other  warning  under  the  penaltie  of  i8s.  Scotts 


1708.]  TOWN   COUNCIL  MINUTES.  377 

money  each  absent  without  a  reasonable  excuse  and  ordain  the  Councill 
bell  to  be  rung  an  quarter  of  hour  every  Councill  day. 

Magnus  Burger  degraded  and  turned  out  from  being  one  of  the  town 
officers  for  his  severall  faults  and  misdemeanors  in  suffering  prisoners  to 
escape  from  the  tolbooth. 

October  i8th. — The  Councill  ordains  and  appoints  the  whole  burgesses 
and  inhabitants  of  this  burgh  (Councillors  excepted)  to  keep  guard  in 
their  respective  turns  from  nine  aclock  at  night  till  fyve  aclock  in  the 
morning  under  the  penaltie  of  2os.  Scotts  to  be  exacted  by  the  Captain 
of  the  guard  without  diminution  unles  the  party  have  an  reasonable 
excuse  and  this  guard  to  comence  immediatlie  and  to  endure  all  this 
winter,  accordinglie  the  town  was  cantoned  immediatlie  into  16  guards, 
consisting  of  24  or  25  men  each,  and  the  Councill  named  their  captain. 

November  1st. — Lint  searched.  The  Councill  appoints  the  Magistrats 
and  Dean  of  Gild  to  go  with  the  town's  officers  each  through  an  quarter 
of  the  town  and  search  if  ther  be  any  lint  in  firehouses  and  to  punish 
the  transgressors  conform  to  the  town's  statute  and  confiscat  the  lint  to 
the  officers  and  that  immediatly  to  be  gone  about. 

Constables  chosen:  John  Walker,  Alexander  Forbes  and  John  Burges, 
gunsmiths,  James  Forsyth,  glasier  [and  four  others]. 

November  22nd. — The  Councill  recommend  that  Colonel  Patrick 
Ogilvie,  representative  of  the  classes  of  burghs  in  Parliament,  use  his 
endeavour  for  continuing  Col".  William  Grant  his  independent  companie 
and  augmenting  the  number  for  the  preservation  of  the  peace  of  the 
countrey  and  the  other  ends  and  uses  of  the  establishment. 

The  Councill  considering  that  there  are  severall  ruinous  tenements  in 
this  burgh  which  pay  no  cess  and  that  the  town  will  have  use  for  stones 
in  repairing  the  tolbooth  do  ordain  a  publick  intimation  by  drum  to  be 
made  requiring  the  heretors  of  such  lands  to  repair  them. 

December  I3th. — The  baillies  and  clerks  to  procure  subscriptions 
from  the  inhabitants  for  repairing  the  tolbooth. 

The  bellman  being  complained  for  negligence  in  ringing  the  bell  in 
the  morning  he  was  called  for  and  enjoined  to  be  verie  exact  hereafter, 
otherways  that  any  counceller  might  for  any  transgression  comitt  him 
prisoner  till  he  pay  aos. 

The  tacksmen  of  the  pettie  customs  having  complained  that  the 
seamen  of  the  Burgh,  Causea  and  Stotfield  did  not  present  their  fish  to 

Y  i 


378  RECORDS  OF  ELGIN.  [l7°9- 

the  mercat  of  this  burgh  conform  to  use  and  wont  but  sold  them  at  the 
shoar  and  otherways  abstracted  them  to  the  great  prejudice  of  the  comon 
good  the  Councill  appoints  the  said  haill  seamen  to  be  cited  before  the 
Magistrates  to  ansuer  to  the  said  complaint. 


1709. 

January  ioth.— Act  anent  bells  and  mortcloath  to  Baillies'  wives.  The 
Councill  finds  that  there  is  nothing  due  for  bells  and  mortcloath  to  the 
funeralls  of  Cristen  Man,  relict  of  John  Spens,  baillie,  in  respect  that  she 
was  widow  to  an  Magistratt  and  that  by  the  custom  of  the  burgh  such 
are  exempt. 

The  Councill  appoints  Justice  of  Peace  courts  to  be  kept  by  the 
magistrates  each  Munday  after  the  Councill  rises. 

January  ijth.  —  Thomas  Calder's  charge  as  Commissioner  to  the 
Convention  of  Burghs  is  £220.  The  Councill  are  of  opinion  the  days 
for  his  return  home  should  be  restricted  to  four  days  allenarlie  after  the 
adjournment  of  the  Convention. 

Liberty  to  Smith  and  others  to  live  at  New  Elgin.  The  Councill  upon 
petitions  from  Ferquhard  Smith,  William  Anderson,  William  Dunbar, 
Alexander  Shiach  and  George  Hendry,  allow  them  to  build  houses, 
labour  and  possess  and  win  in  land  on  the  muirs  south  and  southwest  of 
the  moss  of  Mostowie  and  that  during  the  Council's  pleasure  allenarlie 
and  appoint  the  treasurer,  conveener  and  deacon  warden  some  day  this 
week  to  go  and  view  the  present  state  of  the  said  lands  of  New  Elgin 
and  report  and  clerk  Stewart  to  attend  them. 

February  2ist. — Report  anent  the  tenants  on  New  Elgin:  The  land 
winn  in  be  them  amounts  in  hail  to  eleven  bolls.  Tacks  for  three  years 
to  be  set  to  the  possessors  and  each  tenant's  yearly  duty  to  be  equal  to 
his  sowing  and.  to  allow  them  liberty  to  win  in  what  more  land  they  can 
for  the  said  three  years  rent  free  and  each  tenant  to  pay  an  reek  hen. 

The  Councill  approve  of  building  an  guard  house  with  an  vault  under 
ground  beside  the  tolbooth  alreadie  designed  to  be  repaired. 

February  28th. — William  King,  provost,  entered  to  the  two  quarters 
of  Barflatthills  with  the  haughs  and  Cran  Crook  therof  disponed  to  him 
by  the  Bishop  of  Edinburgh. 


1709.]  TOWN  COUNCIL  MINUTES.  379 

March  2ist. — The  Councill  appoints  the  Theasaurer  to  give  a  crown 
to  ten  distressed  seamen  lately  taken  at  Cromarty  by  a  French  privateer. 

April  4th. — A  committee  appointed  to  take  contracts  for  rebuilding 
the  tolbooth. 

James  Nicoll,  officer,  accused  of  giving  the  use  of  the  town's  laigh 
prison  to  John  Harley,  gardner,  for  recepting  of  some  wort  and  ale 
concealed  be  him  and  defrauding  therby  the  Queen  of  her  duty  and 
excise.  He  confessed  his  wife  had  given  the  key  to  John  Harley.  James 
Nicoll's  livery  coat  to  be  taken  from  him  and  he  to  be  putt  in  irons  in 
the  fish  mercat  at  12  aclock  and  to  sitt  there  during  the  Magistrats' 
pleasure  for  his  offence  and  misdemeanor. 

The  Councill  grants  libertie  to  John  Leslie  of  Balnageith  and  to  the 
provost  to  winn  lime  stones  in  the  town's  bounds. 

The  Conveener  and  Deacons  of  the  six  Incorporated  Trades  complain 
that  the  fishers  of  Burghsea,  Cowsea  and  Stotfield  keep  back  their  fish 
from  the  publick  mercat  of  this  burgh  to  the  great  detriment  of  the 
town's  people  who  were  principally  subsisted  by  these.  A  Head  Court 
to  be  called  tomorrow  anent  this  matter. 

April  I4th. — A  contract  ratified  with  John  Ross,  mason  in  Kirktoun 
of  Duffus,  James  Ross  and  George  Ogilvie,  masons  in  Elgin,  to  rebuild 
the  tolbooth.  William  Rose,  thesaurer,  appointed  collector  of  the 
voluntary  contributions  for  said  work. 

April  1 8th. — The  Councill  ordains  intimation  to  be  made  by  the  drum 
through  the  town  appointing  the  inhabitants  to  herd  their  cattle  and  the 
statute  relative  therto  to  be  read. 

The  Councill  ordains  the  magistrals  to  attend  and  entertain  the 
Lords  who  come  upon  the  circuit  and  their  retinue  in  such  manner  as 
they  think  fitt  at  the  town's  charges. 

A  letter  to  be  written  to  the  Laird  of  Grant  desiring  his  consent  to 
take  of  the  slates  from  that  side  of  his  Lodging  in  Elgin  which  is 
towards  the  street  because  of  the  imminent  danger  to  the  inhabitants  in 
passing  and  repassing  therby.  [February  I4th.— The  Councill  cause  that 
the  loose  sclates  in  Pluscarden's  house  be  taken  down.] 

May  gth. — A  vault  to  be  bigged  higher  above  ground  in  place  of  the 
pitt  proposed  at  the  tolbooth. 

May  23rd. — The  councill  appoints  the  treasurer  to  cause  win  lime 
stones  for  the  use  of  the  tolbooth  in  the  town's  muirs  and  to  big  an  lime 


380  RECORDS  OF  ELGIN.  [l7°9- 

kiln  of  them  on  the  south  side  of  the  Cattails  for  burning  therof. 
Meantime  to  speak  to  Bishopmiln  for  the  use  of  his  lime  kiln  and  quarrie 
untill  the  town's  be  built. 

June  6th. — All  the  town's  marches  to  be  ridden  to-morrow  at  eight 
aclock  in  the  morning.  Ilk  inhabitant  absent  to  be  fined  three  pund 
Scotts. 

The  Councill  considering  a  complaint  given  in  against  the  drummer 
for  not  beating  the  tap-tow  and  reveiller  through  the  whole  town,  do 
therfor  ordain  him  to  beat  at  the  accustomed  hours  morning  and  evening 
from  the  West  Port  to  the  East  and  from  Lossie  Wynd  to  the  School 
Port  under  penalty  of  los.  Sc.  for  each  time  he  transgresses. 

June  i jth.  —  The  Councill  appoints  to  ride  and  visit  the  town's 
marches  and  mosses  of  Strathcant,  Glassgrcen  and  other  marches  at  the 
east  to-morrow. 

August  ist— It  is  found  that  26  persons  have  encroached  on  the  moss 
of  Mosstowie,  built  houses  theron,  &c.  To  be  summoned. 

September  I2th. — The  town  is  due  for  the  entertainment  of  the 
Circuit  Lords  in  May  last  £168  153.  Sc. 

The  Councill  do  ease  the  inhabitants  from  furder  keeping  of  guards 
untill  the  Councill's  farder  orders. 

The  Councill  order  Baillie  McKenzie,  junior,  to  provide  for  the 
entertainment  of  the  Circuit  Lords  who  are  to  come  here  in  October 
next. 

September  26th. — The  Councill  appoints  Baillies  Calder  and  McKenzie 
to  go  to  Cullen  and  wait  on  the  Earle  of  Seafield  and  in  the  town's  name 
to  give  his  Lo/  thanks  for  the  special!  care  he  has  always  had  of  this 
town's  affairs  and  particularly  in  presenting  the  late  address  sent  be  the 
toun  councill  to  the  Queen. 

September  27th. — William  King  elected  provost  by  majority  of  votes 
over  William  Duff  of  Diple. 

October  24th. — All  the  burgesses  and  inhabitants  to  keep  guard  in 
turns. 

October  3ist. — The  Councill  appoint  a  letter  to  be  written  to  Sir 
Francis  Grant  of  Cullen,  now  one  of  the  Senators  of  the  Colledge  of 
Justice,  thanking  him  for  the  good  services  performed  be  him  to  the 
town  when  he  was  their  advocat,  and  desire  his  advice  whom  he  will 
recommend  to  succeed  him  as  advocat  for  the  town. 


1710.]  TOWN   COUNCIL  MINUTES.  381 

Rates  of  Pettie  Customs  of  the  burgh  of  Elgin  : — [69  items  in  all.] 
Ilk  elne  plaiding  id.,  ilk  horse  2d.,  ilk  oxe  and  cowe  is.  4d.,  ilk  sheep  4d., 
ilk  mutton  bouk  4d.,  ilk  cartfull  of  fish  is.,  ilk  cart  is.  4d.,  ilk  sled  is., 
ilk  pair  of  shoes  for  man  or  woman  2d.,  ilk  barked  hyde  is.,  ilk  tub  2d., 
ilk  wheel  4d.,  ilk  stone  of  wooll  2s.,  ilk  kelloch  2d.,  ilk  2os.  worth  of  hair 
for  wigs  is.,  eaters'  skins  the  piece  is.,  ilk  sheep  skin  2d.,  ilk  peck  turneips 
or  parshneips  4d.,  the  load  of  roots  such  as  carrots,  turneips  and  parsh- 
neips  is.,  lambs  or  kids  4d.,  ilk  dozen  rigwoodies  2d.,  ilk  dozen  pidgeons 
4d.,  ilk  dock  2d.,  ilk  goose  4d.,  ilk  dozen  green  spouns  6d.,  ilk  dozen 
ram's  horn  spouns  4d.,  ilk  elne  tartane  4d.  &c. 

December  5th.  —  Total  voluntary  subscriptions  for  the  tolbooth 
£1034  155.  4d.  Nearly  all  yet  paid  in  has  been  expended,  and  as  the 
masons  are  clamorous  for  more  money  1000  merks  Sc.  is  to  be  borrowed 
from  Alexander  Sutherland  of  Kinminitie. 


1710. 

February  I4th. — An  Act  passed  appointing  a  quorum  of  councill 
owing  to  the  absence  of  several,  of  whom  some  do  not  reside  in  town  as 
Mr.  William  Sutherland,  and  others  have  not  accepted  as  Diple  who  did 
not  take  the  oath. 

March  2yth. — The  Councill  grants  libertie  to  Provost  King  to  build 
an  lime  kiln  for  his  own  proper  use  allenarlie  upon  the  piece  bounds 
belonging  to  the  town  on  the  north  side  of  Tayock. 

May  1 5th. — Baillie  Gordon  presented  an  Memorial  signed  be  Mr. 
Smollett,  Agent  to  the  royall  Borrows,  relating  to  the  manner  of  com- 
poning  with  or  citing  the  unfree  traders  which  the  Councill  appoints 
Baillie  Gordon  to  go  about  in  conjunction  with  the  Commissioner  of 
Forres. 

June  6th. — The  Sheriff  of  Murray  having  latelie  caused  charge  six 
of  the  burgesses  of  this  town  to  guard  prisoners  from  this  place  to  Banff 
under  the  penaltie  of  £$o  Sc.  and  the  said  persons  not  obeying  by 
express  command  of  the  magistrates  who  did  judge  the  same  to  be  a 
servitude  to  which  burgesses  were  not  tyed  the  Councill  approve  of  the 
Magistrates  proceeding  and  take  proceedings  for  a  suspension  of  said 
charges  and  resolve  to  support  those  charged  and  to  call  a  Head  Court 
for  a  stent  to  vindicate  the  priviledges  of  the  burgh. 


382  RECORDS  OF  ELGIN. 

June  igth. — The  magistrates  and  whole  burgesses  to  ride  the  town's 
marches  on  the  west  and  south  upon  Wednesday  next  under  the  penaltie 
of  thrie  pund  Scotts  ilk  absent. 

The  Council  grants  libertie  to  Andrew  Cobban,  servitor  to  James 
Innes  in  Plewlands,  to  build  houses  on  the  lands  of  New  Elgin  to  win  in 
and  labour  of  the  town's  muirs  adjacent  such  land  as  he  is  able  for  four 
years  after  this  date  and  that  rent  free  the  said  space. 

October  9th. — The  Council  nominal  Baillie  Rose  to  sitt  as  Baillie 
with  the  kirk  session  and  to  decern  the  delinquents  for  the  fines  of 
immorality. 

October  i6th. — The  Councill  considering  that  James  Ogilvie,  mason, 
and  Alexander  Lie,  coupar,  are  charged  by  the  Sheriff  of  Elgin  to  go  to 
Banff  with  some  French  prisoners  under  penalty  of  fiftie  pund  each,  the 
Councill  do  discharge  them  from  obeying  the  said  charge  as  contrary  to 
the  priviledges  of  the  burgh  and  oblige  them  and  their  successors  in 
office  to  relieve  them  theranent. 

The  guard  lists  drawn  out  and  new  captains  named.  Ilk  absent  to 
pay  i os.  Sc.  Guard  to  be  sett  at  9  aclock  at  night  and  to  remain  untill 
5  in  the  morning  from  ist  November  to  1st  Aprile. 

Act  against  Treats.  The  Council  considering  how  much  the  town  is 
involved  in  debt  do  statute  and  enact  that  untill  the  next  election  no 
manner  of  treats  shall  be  given  be  all  or  any  of  the  magistrals  to  honorary 
burgesses  or  others  at  the  toun's  charges  and  the  treasurer  is  discharged 
to  ansuer  their  precepts  with  libertie  notwithstanding  to  the  magistrals 
to  dispose  of  the  fines  as  they  think  fitt. 

November  2Oth. — William  Falconer,  apprentice  to  William  McAndrew, 
glover,  and  Alexander  Innes,  servant  to  George  Seaton,  litster,  fined 
£3  Sc.  and  £$  Sc.  respectively  for  playing  at  cards  and  dice  within 
Robert  Innes,  glover,  his  chamber. 

December  4th. — Meetings  of  Councill  to  hold  on  Munday  at  9  aclock 
in  the  morning  from  ist  October  to  ist  March  and  from  ist  March  to 
last  of  September  at  8  aclock  in  the  morning. 

December  i8th. — An  accompt  for  £229  2s.  Sc.  due  be  the  toun  to 
Walter  Montgomrie,  merchant,  for  severall  treats  in  his  house  was  una 
voce  approven. 


17 II-]  TOWN   COUNCIL   MINUTES.  383 


171  I. 

February  iQth. — The  constables  of  the  town  were  called  and  ordered 
by  the  Councill  immediatlie  and  without  delay  to  give  in  lists  of  idlers 
within  this  burgh  that  they  may  be  seized  and  sentenced  to  serve  her 
Majestic  as  souldiers  be  virtue  of  the  recruiting  act  and  the  said  lists  to 
be  readie  against  to-morrow  at  eleven  aclock  forenoon. 

February  26th. — Donald  Paterson,  latelie  in  Milntovvn,  did  personally 
appear  and  voluntarlie  engage  himself  to  serve  this  burgh  all  the  days  of 
his  life  as  their  marshal!  or  hangman  in  cverie  part  thereof  and  the 
treasurer  is  ordered  to  give  him  an  new  coat  and  pay  him  2os.  Sc. 
per  mensem  and  to  give  him  new  breeches  shoes  and  hose.* 

April  9th. — The  Council  considering  that  by  an  act  of  the  Convention 
of  Borrows  held  at  Aberdeen  in  July,  1698,  they  were  allowed  to  few  out 
their  grass  lands  of  Mostowie  at  the  sight  and  by  the  advice  of  the 
burghs  of  Inverness,  Nairn  and  Forres  or  anie  tuo  of  them  and  that  by 
another  act  of  the  Convention  of  Borrows  held  at  Edinburgh  in  July, 
1708,  they  are  allowed  to  few  their  muirs  lying  south  and  south  west 
from  Mostowie  at  the  sight  of  the  burghs  of  Inverness,  Cullen,  Forres 
and  Nairn  or  any  three  of  them  and  that  by  a  third  Act  of  the  said 
Convention  held  at  Edinburgh  in  July,  1710,  it  is  remitted  to  the  burghs 
of  Inverness,  Banff,  Forres  and  Cullen  to  endeavour  to  compose  the 
differences  betuixt  this  toun  and  the  sheriff  therfore  the  Councill  do 
agree  to  few  out  the  said  greens  and  muirs  of  Mostowie.  The  day  of 
roup  and  of  meeting  with  the  Commissioners  from  said  burghs  fixed. 

The  Councill  allows  Baillie  Rose  to  build  a  bridge  over  the  water  of 
Tayock  on  the  high  way  belonging  to  the  toun  through  that  part  of  the 
Cattails  opposit  to  the  School  Wynd  upon  his  own  charges  and  if  anie 
other  person  with  horse  and  carts  use  the  said  bridge  appoints  them  to 
be  liable  to  the  said  William  Rose  for  a  proportional  part  of  the  expence 
of  the  bridge. 

*Cf.  p.  203,  "Extracts  from  the  Records  of  the  Burgh  of  Aberdeen": — "  I5th  October, 
1662.  The  counsell  appoints  threten  shilling  four  pennies  money  to  be  given  weekly  out  of  the 
moneys  belonging  to  the  sessione  to  William  Brutchie  .  .  .  and  appoints  the  tuo  litle 
housses  under  the  Gallowgait  Port  to  be  ane  duelling  hous  to  the  said  scurger  dureing  his 
service." 


384  RECORDS  OF  ELGIN.  [l7". 

The  former  constables  discharged  and  eight  new  constables  elected 
(including  William  McGregor,  armourer,  James  Grant,  barber,  etc.). 

The  Councill  do  admitt,  receive  and  creat  Alexander  Johnstoun, 
brasier  in  Keith,  burges  and  freeman  of  this  burgh,  for  his  encourage- 
ment to  live  in  this  burgh  and  to  practise  his  said  trade  therin  and  he 
gave  his  burges  oath*  and  declares  that  his  said  freedom  shall  be  of  no 
use  to  him  unles  he  dwell  within  this  burgh. 

April  26th. — The  greens  and  muirs  of  Mostowie  feued  to  Mr.  William 
Sutherland  of  Roscommon  (late  provost)  for  5300  merks  Scotts  and 
59  merks  Scotts  of  yearlie  few-dutie  [copy  of  charter  thereon,  pp.  162-170 
of  Minute  Book] :  Whereas  diverse  kings  of  Scotland  with  the  advice  of 
the  Estates  of  Parliament  esteemed  it  profitable  to  set  in  feu  farm  the 
lands  of  the  kingdom  of  Scotland  for  the  policy  and  decorment  therof, 
Item  the  Commissioners  of  the  Royal  Burghs  at  Montrose,  I9th  June, 
1591,  ordained  the  common  lands  of  the  heed  burrows  of  Scotland  to  be 
set  in  feufarm  for  the  profit  of  the  burghs  which  act  King  James  VI.  be 
his  charter  of  confirmation  ratified  and  recommended  the  same  to  the 
burghs  that  had  not  then  set  in  feufarm  their  common  lands  and 
ordained  that  they  set  in  feufarm  all  their  common  lands  to  the  actual 
burgesses  of  the  said  burgh  for  the  profit  and  commodity  of  the  burgh 
and  in  augmentation  of  the  rental  of  the  same,  Item  in  an  Act  of  General 
Convention  of  Burghs  holden  at  Aberdeen,  8th  July,  1698,  they  granted 
warrand  to  the  burgh  of  Elgin  to  dispose  of  their  grass  lands  of  Mostowie 
in  few  or  long  tack  at  the  sight  of  the  burghs  of  Inverness,  Nairn  and 
Forrcs,  Item  the  General  Convention  of  Burghs  at  Edinburgh  on  I2th 
July,  1708,  did  allow  the  burgh  of  Elgin  to  few  and  sett  in  tack  their 
muir  lying  south  and  south  west  from  the  Moss  of  Mostowie  at  the  sight 
of  the  burghs  of  Inverness,  Cullen,  Forres  and  Nairn,  therefore  the 
Councill  resolve  to  feu  out  the  said  greens  and  muirs  for  improvement  of 
our  common  good  and  augmentation  of  our  rental  because  the  said 
greens  and  muirs  had  never  heretofore  yielded  any  rent  or  income  to  us 
or  our  predecessors  in  office.  We  appointed  a  public  roup  to  be  on  2$th 
April  last  at  sight  of  said  burghs ;  at  a  second  roup  held  on  26th  April 
Mr.  William  Sutherland  of  Roscommon  was  the  highest  offerer. 
Boundaries: — that  piece  land  and  bounds  commonly  called  the  Greens 
of  Mostowie  lying  betwixt  the  lands  of  Auldroghty  at  the  east  the  arable 

*  See  Minutes  of  Burgh  Court,  1754. 


v*ft 


a.      <-     u^-'   - 
^     ^^rtfe7^ 

S^y.     \tmr  «** 

)  .  Jft  Jte'  ft         » 

O^ 


1.  Milntown 

2.  Burn  of  Gulkittack 

3.  Gibber  Gate 

4.  Saddle  Stone 


5.  Pudden  Road 

6.  Gibben  Stone 

7.  Shunders  Cairn 

8.  Silver  Foord 


9.  Swanstree  Burn 

10.  Sauchenbogie  Hillock 

11.  King's  Road 

12.  Road  from  Whitefield  to  (9) 


DAM      LOCH 
OF 

MOSSTOWIE 


of  Mopfaoie 

nd  ih.-GKI-.KNS 

II  lying  inrtu- PARISH  of 


'3.  Road  from  Forres  to  Elgin 

'4.  Mairstone 

<5.  Am  Burn 

'6.  Angus  Loch 


17.  Bridge  of  the  Longhill 

18.  Bashy  Loch 

19.  Whitehill 

20.  Milnburn 


21.  Knock  of  Alvahs 

22.  Layey's  Loch 

23.  March  Stone 


I/I  I.]  TOWN   COUNCIL  MINUTES.  385 

lands  of  Mostowie  at  the  west  the  lands  of  Whitefield  at  the  south  and 
the  king's  high  way  at  the  north,  together  with  the  whole  muirs  belong- 
ing in  property  to  the  burgh  of  Elgin  lying  south  and  southwest  from 
the  Moss  of  Mostowie.  Marched  as  follows : — Beginning  at  ane  stone 
which  stands  upon  the  north  side  of  the  high  way  which  leads  from 
Elgin  to  Forres  betwixt  the  lands  of  Auldroghty  at  the  east  the  lands  of 
Woodside  at  the  north  and  west  and  the  lands  of  Mostowie  at  the  south 
from  thence  lineally  southward  to  ane  stone  upon  the  stank  side  that 
divideth  the  lands  of  Auldroghty  and  Mostowie  and  from  the  said  stank 
south  to  the  burn  from  thence  south  west  to  ane  gate  that  passes  through 
the  north  west  side  of  the  hill  called  the  Whitehall  from  thence  south  and 
southwest  alongst  the  run  of  the  burn  that  comes  from  the  Miln  of 
Mostowie  dividing  the  greens  of  Mostowie  from  the  Moss  of  Innerlochty, 
from  thence  southward  alongst  the  strype  called  Coalkittack  to  ane  other 
stone  in  the  north  west  way  that  comes  from  Whitefield  to  the  Moss  of 
Mostowie  from  thence  south  to  ane  other  stone  at  the  entry  of  the  muir 
bewest  Whitefield  from  thence  alongs  the  gate  called  the  Calder  gate  to 
ane  stone  called  the  Sadie  stone  upon  the  north  side  of  ane  strype  that 
runs  in  a  stank  from  thence  keeping  the  said  gate  south  west  to  ane 
stone  on  the  south  side  of  the  said  gate  with  ane  long  hewn  score  on  the 
head  of  the  same  and  ane  [blank]  hill  betwixt  it  and  the  gate  called  the 
Marstone,  from  thence  north  west  to  ane  stone  betwixt  the  Cairn  of 
Shunders  (?)  and  the  silver  foord,  from  thence  westward  to  ane  stone 
called  St.  Giles'  stone,  from  thence  north  and  north  east  alongst  the 
Longhills  that  divides  the  lands  of  Minaughty  and  the  lands  of  Mostowie 
and  as  the  said  muirs  doe  run  along  the  side  of  the  moss  of  Mostowie  at 
the  north  and  north  east  parts.  Reserving  to  the  magistrates  and  com- 
munity the  whole  mosses  of  Mostowie,  excepting  also  that  part  of  the 
Greens  of  Mostowie  formerly  feued  out  to  the  deceased  Francis  Brodie 
of  Milntown  presently  possest  be  Joseph  Brodie  of  Milntown  his  son. 

May  gth. — The  Councill  allows  William  Dunbar  of  Dikeside  liberty 
to  win,  lead  and  away  take  for  his  own  use  lime  stones  out  of  the  town's 
muirs  during  the  Councill's  pleasure. 

May  1 6th. — The  horse  post  office  rouped  for  21  pund  Scotts. 

The  Councill  grants  liberty  to  Gilbert  Hay,  glover,  to  cast  one  day  in 
the  moss  of  Strathcant  with  two  peatcasters  for  his  own  use. 

July  3<Dth. — The  Convention  of  Royal  Burghs  have  ratified  the  roup 

Z  I 


386  RECORDS  OF  ELGIN. 

and  sale  of  the  greens  and  muirs  of  Mostowie.  Act  passed  by  the 
Borrows  in  the  town's  favours  relative  to  the  debate  betwixt  the  town 
and  Banff.  Act  of  the  said  Borrows  passed  granting  to  the  burgh  of 
Elgin  the  benefit  of  the  unfree  traders  within  the  shire  of  Elgin  since 
1699  and  untill  the  nixt  Convention.  The  Councill  in  prosecution  of  the 
Act  of  Burrows  granting  to  this  burgh  the  benefit  of  the  unfree  traders 
in  this  shire  appoint  Diple  to  wait  on  the  Earle  of  Huntley  and  discourse 
his  Lo/  anent  the  toun  of  Fochabirse  and  to  treat  with  him  anent  the 
composition  therof  and  also  appoint  Baillie  Gordon  and  James  Anderson 
to  speak  with  the  Laird  of  Innes  for  the  burgh  of  Germoth  ;  the  Laird 
of  Kilravock  for  the  toun  of  Findhorn  ;  the  Laird  of  Brodie  for  Dyke ; 
the  Earle  of  Murray's  chamberlain  for  Darnway  or  any  other  unfree 
traders  within  the  shire. 

The  baillies  are  appointed  to  visit  the  mosses  of  Strathcant  and 
Glassgreen  and  the  moss  along  the  foot  of  the  Longhill  of  Birney  and  to 
cause  lead  such  peats  as  are  casten  therin  without  leave  of  Counsell. 

September  24th. — The  provost,  baillies  and  councillors  are  discharged 
from  spending  anie  part  of  the  toun's  money  or  comon  good  on  treats, 
intertainments  or  at  making  burgesses  considering  that  the  common 
good  of  the  toun  is  much  incumbred  with  debt  and  taking  to  their 
serious  consideration  that  ane  frugall  management  of  the  comon  good  is 
the  onlie  way  left  to  extricat  the  toun  out  of  these  burdens  and  to  pay 
their  debts  graduallie. 

October  I5th. — Thomas  Stephen,  merchant,  gave  in  the  keyes  of  the 
laigh  tolbooth  where  Linkwoods  is  incarcerat. 

November  5th. — Guards  to  be  from  9  p.m.  to  6  a.m.  from  1st  October 
to  ist  March  and  from  10  p.m.  to  4  a.m.  from  ist  March  to  1st  October. 
The  captains  to  be  fined  three  pund  Scotts  if  they  fail  to  attend. 

1712. 

March  3rd. — Two  lynsters  in  presence  of  Baillie  Charles  measured 
and  lyned  the  26  taills  of  land  which  lye  betuixt  the  Appothecary  croft 
at  the  west  and  the  lands  of  William  Sanders,  writer,  at  the  east.  They 
find  each  taill  is  27  foot  and  5  inches  in  breadth.  The  Councill  approve. 

June  2 1 st. — The  Councill  give  liberty  to  some  poor  men  and  to  the 
officers  to  cast  peats  in  the  town's  mosses  at  the  back  of  the  wairds  and 


I7I3-]  TOWN   COUNCIL  MINUTES.  387 

Strathcant.  The  Councill  grant  liberty  to  Mr.  Archibald  Dunbar  of 
Thundertoune,  heretor  of  Legat,  and  William  Duff  of  Diple,  wodsetter 
of  a  part  thereof,  that  their  tennents  cast  peats  in  the  Moss  of  Mostowie 
for  this  current  year  allenarlie  but  not  to  meddle  with  firre. 

November  I7th. — New  guard  lists  drawn  up.*      Ilk  absent  to  pay 
30s.  Sc. 


Lady  Roscommon  pays  £1498  n  6  .,  8  Sc.  in  part  of  the  sums  due  by 
her  husband  to  the  town  for  the  greens  of  Mostowie. 

April  1 3th, — [Copy  of  Mortification  of  date  6th  April,  1713,  by  John 
I nnes  of  Darkland  here  recorded,  700  merks  Sc.  to  the  poor  of  Elgin  and 
300  merks  Sc.  to  the  poor  of  Longbride.] 

June  isth. — Order  given  that  some  poor  men  cast  peatts  each  man 
for  one  day  in  the  town's  moss  which  lyes  bewest  the  cattaills. 

August  1 7th. — The  Toun's  big  bell  which  was  in  the  church  steiplc 
which  was  first  founded  in  the  year  1593  and  haveing  bein  in  this  year 
1713  rendered  usles  by  a  rent  therin  was  taken  doune  by  order  of  the 
Toun  Councill  and  upon  the  I3th  August  current  was  refounded  vithin 
this  burgh  by  Albert  Gely,  founder  in  Aberdein.  The  expence  wheroff 
was  done  upon  the  charges  of  the  toun's  comon  good  and  upon  this 
17th  of  August  the  said  bell  was  hung  up  and  rung,  the  weight  wherof 
consists  of  638  pund  and  the  whole  pryce  of  the  said  bell  extends  to 
325  punds  Scots  money  including  the  pryce  of  what  mettall  was 
furnished  be  the  said  founder. 

*  From  a  "  List  of  Burgesses  of  Elgin  who  bear  scot  and  lolt  therin,"  drawn  up  22nd  April, 
1712,  it  appears  that  the  number  of  said  burgesses  was  207,  of  whom  61  are  designated 
merchants,  containing  such  names  as  Warden,  Harper,  Gordon,  Calder,  Innes,  Cramond, 
Geddes  and  Russell,  19  glovers  (Dunbar,  Wardon,  Milln,  McAndrew),  16  shoemakers  (Petrie, 
Niddrie,  Gordon,  Walker),  13  tailors  (Lorimer,  Blenshill),  9  hirers  (Walker,  Millin),  8  weavers 
(Hay,  Purse,  Grant,  Hutchin),  9  mailmen  (Brander,  Avis,  Bain),  10  wrights  (Clerk),  3  carpenters 
(Cato),  4  masons  (Rose,  Ogilvie,  Lawrie),  4  smiths  (Smith,  Walker),  I  tinker,  I  pewterer, 
I  flesher,  I  glasier  (Forsyth),  I  Ulster  (Adam),  3  barbers  (Hay,  Grant,  Brodie),  2  wrilers 
(Sanders,  Wiseman),  I  seaman  (Baddon),  2  brewers  (Young),  2  gunsmilhs  (Forbes,  Bnrges), 
3  coopers  (Lie),  3  messengers,  I  baker,  I  turner,  2  wigmakers,  I  apothecary  (Robert  Innes), 
I  chirurgeon  (William  Shiells),  I  sadler,  I  watchmaker  (James  Love),  2  tanners,  etc.  Other 
names  that  appear  on  the  list  are  Alexander  Innes  of  Stonietown,  Mr.  Alex'.  Russell,  doctor  of 
medicine,  James  Fraser,  Sheriff-Clerk,  William  Duff  of  Diple,  Mr.  William  Sutherland  of 
Koscommon,  John  Sutherland  of  Greenhall,  William  King  of  Newmiln  and  Thomas  Donaldson 
of  Kinnairdy. 


388  RECORDS  OF  ELGIN.  [l7I4- 

The  pettie  customs  sett  for  513  punds  Sc.  yearlie  to  William  Shiels, 
surgeon,  for  three  years. 

October  I2th. — The  Councill  ordains  all  the  inhabitants  of  this  toun 
who  have  horses  to  lead  one  freight  of  stones  to  the  tolbooth  gratis  once 
this  week  under  penalty  of  6s.  Sc.  for  ilk  absent  horse. 


1714. 

July  2 ist. — George  Chalmer,  now  of  Pittenseir,  entered  as  vassal!  to 
the  town  in  the  half  of  the  davoch  lands  of  Easter  Pittenseir  upon  ane 
adjudication  against  Walter  Chalmer  sometime  of  Pittenseir. 

August  23rd. — Guards  to  be  kept  nightlie  in  the  tolbooth  fra  9  aclock 
at  night  untill  7  in  the  morning.  Penalty  for  ilk  absent  three  pounds  Sc. 
The  whole  town  distributed  into  ten  guards  of  forty  men  each.  Two 
pounds  weight  of  powder  to  be  given  to  each  captain  out  of  the  powder 
secured  in  the  tolbooth  on  payment  of  the  price  to  be  distributed  among 
the  guards  but  all  shooting  without  order  of  the  captain  of  the  guard 
discharged. 

September  I3th. — The  office  of  conjunct  clerk  of  this  burgh  to  be 
exposed  to  a  roup  publicklie.  Only  James  Fraser  and  six  others  allowed 
to  offer.  Conditions  of  roup  :  (i)  The  office  to  be  ad  vitam  ant  culpam. 
(2)  The  office  to  be  entered  at  200  merks  and  each  offer  to  exceed  other 
in  ten  merks  Sc.  (3)  The  highest  offerer  to  carry  the  office  he  finding 
caution  for  the  sum  offered  payable  to  the  treasurer  for  the  use  of  the 
common  good. 

September  i5th. — James  Fraser,  notar  publick,  offers  520  merks  Sc. 
and  is  elected  conjunct  clerk  with  James  Anderson.  The  council  is  thus 
able  (2 ist  September)  to  repay  400  merks  borrowed  from  Diple  to  pay 
Mr.  Gellie  for  founding  the  town's  big  bell. 

Mr.  Archibald  Dunbar  of  Thunderton  has  lately  taken  a  lodging  in 
the  town. 

October  nth.  —  Considering  that  there  is  aboundance  of  quiet  in 
burgh  and  countrey  and  that  there  is  no  use  of  double  guards  the 
Councill  doe  therefor  reduce  the  present  number  and  standart  of  40 
men  to  the  number  of  20  men.  Councillors,  old  men  past  sixtie  and 
writers  are  exeemed. 


I7IS-]  TOWN   COUNCIL  MINUTES.  389 

The  Councill  resolve  to  send  off  an  address  to  His  Majestic  the  next 
post  through  Mr.  Murray,  member  of  parliament. 

November  ist. — Presented  to  the  Council  a  Mortification  from  John 
Innes  of  Darkland  dated  2nd  December,  1698,  in  favours  of  the  poor  of 
Elgin,  Birney  and  Longbryde  for  1000  pounds  whereof  1000  merks  Sc. 
to  the  poor  of  Elgin  and  400  merks  to  the  poor  of  Birney  and  Longbride 
and  100  merks  to  be  disposed  of  by  Coxtoun  and  Dunkinty  to  the  poor 
immediatly  after  the  decease  of  the  said  John  Innes.  [The  deed  here 
recorded  in  full.  In  the  deed  the  mortifier  is  designated  John  Innes  of 
Dykesyde  and  his  wife  is  Helen  Dunbar.] 

[The  present  and  preceding  Minute  books  to  be  sent  to  Edinburgh  in 
the  case  William  King  of  Newmiln  against  the  Town.] 

December  2Qth. — There  being  quarters  intimat  to  the  Provost  by 
Serjeant  George  Armour  in  Carpenter's  Regiment  of  Dragoons  for 
payment  of  £35-3-8  stg.  oweing  of  cess  by  the  burgh,  the  Councill 
agree  that  the  deficients  be  quartered  upon  also  that  the  party  quartering 
be  agreed  with  and  the  sum  to  be  paid  to  the  said  Serjeant  Armour  and 
the  same  to  be  exacted  from  the  deficients. 


I715- 

Protestation  taken  by  Archibald  Dunbar  of  Thundcrton  and  others 
anent  electing  a  delegate  to  go  to  Kintore  for  choosing  a  Parliament 
man.  Alleged  bribery  was  the  ground  of  the  protest.  James  Findlay 
deponed  that  Grangehill's  brother,  Alexander  Dunbar,  offered  him  a 
bribe  of  five  guineas  to  be  for  Grangehill.  The  said  Alexander  Dunbar 
declared  to  James  Findlay  that  the  Convener  had  got  but  three  guineas 
and  one  of  the  baillies  but  six  guineas.  George  Innes  of  Dunkinty 
protested  against  Robert  Dunbar  of  Grangehill  being  delegate  because 
he  had  threatened  several  of  the  members  of  Council  and  declared  to 
them  that  if  they  offered  to  protest  against  his  being  elected  delegat  he 
should  know  befor  he  went  to  the  litle  Cross  and  that  his  sword  was  to 
the  fore  and  that  he  would  be  delegat  who  would  or  who  would  not. 
Ten  voted  for  Grangehill  and  six  for  Thunderton.  The  clerk  is  ordained 
to  give  out  Commissions  to  both  delegates  and  to  seal  the  same  with  the 
town's  seal  in  common  form. 


390  RECORDS  OF   ELGIN. 

March  I4th. — The  toun's  statutes  are  apointed  to  be  booked  in  this 
council  book  (pp.  272-276)  and  published  over  the  Cross  Fryday  next. 

Statutes  (34  in  all)  of  the  burgh  of  Elgin  revised,  ratified  and  enacted 
by  the  Provost,  baillies  and  common  Council!  of  the  said  burgh  upon  the 
fourteenth  of  March,  1715  : — 

(1)  That  no  inhabitant  misregard,  contemn  or  lightlie  any  magistral 

or  councillor. 

(2)  That  no  inhabitant  deny  assistance  to  the  magistrats  or  officers. 

(4)  No   houses   to   be    sett    to    strangers   without   consent   of   the 

magistrats. 

(5)  All   fleshers  to  bring  in   with  their  fleshes  to  the  mercat  the 

tallow,  skin,  hide,  head,  horn  and  foot  therof. 

(u)  That  no  inhabitant  recept  any  of  their  neighbour's  children  or 
servants  within  their  houses  after  6  aclock  at  night  untill  6  in 
the  morning  under  the  pain  of  five  pounds. 

(12)  That  the  load  of  dung  be  sold  for  6d.  the  draff  for  4d.  the  peck 

and  that  no  draff  be  transported  out  of  the  burgh  and  no  dung 
sold  to  any  but  inhabitants  who  labour  the  lands  belonging  to 
or  holden  of  the  town. 

(13)  That  all  inhabitants  cause  cleanse  the  streets  before  their  gaites 

and  lands  and  remove  the  dunghills  every  last  day  of  the 
week  and  no  muck  or  dung  to  be  laid  at  the  door  of  the 
shambles  on  the  high  street  or  at  the  heads  or  entry  to 
vcnnells,  vines  (?  wynds),  ports,  high  ways,  back  passages,  &c. 

(14)  The  best  pair  of  men's  shoes  with  leather  heels,  being  double 

soled  of  ane  1 1  inches  or  above  to  be  sold  at  365.,  &c. 

(15)  Every  servant  workman  shall  have  an  groat  for  his  wadges  and 

an  chapen  of  ale  to  his  supper  and  the  woman  2s.  under  the 
penalty  of  2os.  Sc. 

(16)  and  (17)  Regulations  against   eating  and  destroying  corn   by 

cattle. 

(18)  No  swine  to  be  kept  unless  within  houses  ;  any  person  dcpre- 

hending  swine  in  his  skaith  can  kill  them. 

(19)  No  lint,  hemp,  &c.,  to  be  kept  within  fire  houses. 
(21)  Ilk  heretor  of  the  burgh  roods  to  keep  a  ladder. 
(23)  Fowls  to  be  kept  only  in  cruives. 

(26)  Persons  guilty  of  railing,  cursing,  &c.,  to  be  taken  to  the  jougs. 


17 IS-]  TOWN   COUNCIL   MINUTES.  391 

(27)  No  inhabitant  to  walk  in  the  streets  or  fields  in  time  of  divine 

service  on  the  Lords  day,  &c.,  under  the  pain  of  five  pounds 
for  each  fault  and  that  there  be  no  incroachment  on  the 
Sabbath  day  by  brewing  theron  or  on  Saturday's  afternoon. 

(28)  Persons  found  drunk  on  the  streets  to  be  imprisoned  without 

bail  until  payment  of  five  pounds  for  the  first  fault,  ten  pounds 
and  imprisonment  for  the  second  fault  and  for  the  third  fault 
to  be  liable  to  the  like  penalty  and  to  suffer  a  public  rebuke  in 
the  congregation  from  the  minister. 

(29)  No  person  without  the  authority  of  the  magistrates  to  travel  the 

streets  as  fiddlers  or  pipers. 

(30)  That   there   be   no   water,   dirt   or   other   stuff  thrown    out   of 

windows  to  the  street  nor  in  closes  till  after  ten  aclock  at 
night. 

(31)  The   terms    of  servants'   leaving    to   be    I5th    May   and    nth 

November. 

(32)  No  inhabitant  to  buy  butter,  cheese,  peats,  eggs,  &c.,  coming  to 

the  mercat  till  first  they  be  presented  to  the  mercat. 

(33)  F°r  encouraging  of  planting  and  inclosing  laws  were  passed  by 

parliament  in  1686  therefore  winter  herding  is  appointed  as 
well  as  summer.  Penalty  half  a  merk  for  ilk  nolt,  sheep, 
swine,  &c.,  found  upon  the  incloser  (enclosure).  There  is  the 
incloser  of  the  catels  belonging  to  several  heretors  and  the 
incloser  near  Old  Milns  belonging  to  James  Fraser,  which  are 
improvements  very  profitable  and  useful  to  the  burgh  if  rightly 
preserved  therefore  transgressors  there  to  be  pursued  to  the 
rigor. 

(34)  Carters  with  draught  horses  must  furnish  them  when  required  as 

the  merchants  often  complain  upon  the  carters. 

May  loth. — The  treasurer  is  ordered  to  buy  two  great  trees  for 
hanging  of  the  bell  in  the  tolbooth  and  two  or  three  duzon  of  deals  for 
scaffolding  to  the  piramade. 

June  1 3th. — A  Committee  of  Council!  report  that  salt  ought  to  be 
sold  by  weight  in  this  burgh  as  the  law  directs  this  to  be  done  and  most 
of  the  burghs  of  Scotland  have  lately  introduced  selling  salt  by  weight. 

August. — George  Innes  of  Dunkinty,  James  Anderson,  Commissary 
clerk,  and  James  Fraser,  sheriff  clerk,  did  enter  in  a  contract  with  Albert 


392 


RECORDS  OF  ELGIN.  [!7'5- 


Gellie  for  founding  of  a  bell  of  about  300  Ibs.  weight  to  the  tolbooth  of 
this  burgh  for  which  they  are  personally  bound  for  payment  of  23  pounds 
sterling  as  the  price  of  said  bell.  The  Councill  empower  the  said  three 
persons  to  collect  the  said  sum  by  voluntary  contribution  and,  if  neces- 
sary, the  Councill  will  make  up  the  shortcoming. 

September  5th.— The  treasurer  is  appointed  to  have  24  stones  of  four 
feet  length  each  for  setting  up  at  the  town's  marches. 

The  weather  cock  to  be  adjusted  and  to  be  affixed  on  the  top  of  the 
pyramid  of  the  tolbooth. 

The  Councill  appoints  the  bells  to  be  rung  in  manner  following  on 
the  Lord's  days,  viz. :  the  big  bell  for  the  first  bell  the  big  and  little  bell 
for  the  second  bell  and  these  two  and  the  tolbooth  bell  for  the  last. 

The  Councill  appoints  the  guards  to  be  visited  every  night  by  a 
baillie  and  every  baillie  attend  weeklie,  each  baillie  according  to  their 
degree. 

September  iQth.— Forty  men  to  be  on  guard  each  night  from  ten  p.m. 
to  five  a.m. 

October  3ist. — The  haill  absent  members  of  Councill  are  fined  in 
323.  Sc.  each. 

The  Committee  find  that  the  lists  of  the  towns  men  will  make  up 
nync  guards,  consisting  of  40  ilk  guard,  that  the  hours  be  nine  p.m.  to 
five  a.m.  and  the  penalty  for  ilk  absent  403.  Sc.  without  a  reasonable 
excuse.  The  magistrats  to  visit  the  guards  weekly  and  to  see  their  duty 
sett. 

November  /th. — Sixteen  march  stones  to  be  led  to  the  bounds  of 
Mostowie  and  eight  to  the  bounds  of  Main  and  Strathcant. 

The  Councill  appoint  a  general  rendevouze  of  the  haill  inhabitants  to 
be  had  and  them  to  make  appearance  with  their  best  arms  Thursday- 
next  at  ten  a'clock  forenoon  at  beat  of  drum  in  the  Trinity  Churchyard. 

November  2ist. — The  following  order  from  the  Deputy-Lieutenants 
of  Murray  was  presented,  directed  to  the  Magistrats  and  Toune  Councill 
of  this  Burgh.  It  is  ordered  to  be  kept  by  the  clerk  and  ingrossed  for 
the  Magistrats  and  Councill's  direction  : — 

"  Gentlemen,  Being  informed  that  incouraged  be  the  rebellion  now  a 
foot  the  brewers  and  other  inhabitants  of  your  burgh  liable  in  publick 
taxes  insult  and  refuse  to  admitt  the  proper  officers  to  ingather  the 
revenue  and  on  the  other  hand  having  notice  that  certain  emissaries  are 


1716.]  TOWN   COUNCIL  MINUTES.  393 

dispatched  from  the  Rebels'  camp  with  orders  from  their  pretended 
generall  to  levy  the  publick  moneys  and  collect  some  new  unheard  of 
taxes,  we  judge  it  proper  to  admonish  you  of  your  duty  requiring  you  to 
aid  and  assist  the  proper  officers  imployed  in  his  Majesties  service  to 
uplift  the  several!  duties  imposed  by  act  of  parliament  as  ye  shall  be 
answerable  and  discharging  you  to  permitt  or  suffer  that  any  taxation  or 
moneys  for  the  service  of  the  rebels'  armie  be  by  any  person  or  persons 
uplifted  or  seized  from  any  person  or  persons  within  your  burgh,  certify- 
ing you  that  if  in  the  premises  you  faillie  we  will  demean  you  as  traitors 
and  rebells  against  his  Majesties  government.  Given  at  Invernes  this 
sixteenth  of  November,  1715,  by  the  Honorable  James  Brodie  of  that 
ilk,  Hugh  Rose  of  Kilraick,  Captain  George  Grant  of  the  Earle  of 
Forfar's  regiment,  Alexander  Brodie  of  Lethin,  Mr.  Duncan  Forbes, 
advocat,  Deputy  Lieut5,  of  the  Shire  of  Murray,  subscribed  thus : 
Ja  :  Brodie,  Dun  :  Forbes,  A.  Brodie,  George  Grantt,  H.  Rose.  Directed 
to  the  Magistrals  and  Toun  Councill  of  Elgin.  A.  Dunbar,  p." 

November  26th. — The  absent  members  fined. 

The  Earle  of  Sutherland's  taxation.  The  provost  represented  that 
ther  had  been  a  meeting  of  the  gentlemen  of  this  shire  with  the  Deputy 
Lieutenants  thereof  at  Forres  Tuesday  last  when  the  said  Lieutenants  in 
name  of  the  Earle  of  Sutherland  Lord  Lieut,  of  the  Shire  of  Elgin 
demanded  a  supply  and  taxation  on  the  shire  for  £1000  stg.  which  the 
Heretors  of  the  shire  had  agreed  and  proportioned  this  burgh  to  £76  stg. 
of  the  said  taxation  which  is  to  be  payable  against  the  ist  of  December 
next.  The  Councill  agree  to  stent  it  thus  :  on  the  real  rent  of  the  land, 
the  real  rent  of  the  houses  and  trade  and  that  heretors  have  relief  of  their 
tenants  and  masters  right  to  retain  the  tenth  part  of  their  servants'  fees. 


1716. 

January  1 6th.— The  Provost  present  at  this  meeting.  At  next 
meeting — February  I3th — Bailie  Wiseman  is  elected  preses  because  of 
the  provost's  absence.  At  the  following  meeting — February  27th — the 
provost  is  present. 

February  1 3th. — The  preses  represented  that  ther  is  about  500  horse 
of  his  Majesties  forces  coming  to  ly  in  this  toun  and  desired  the  Councill 

A  2 


394  RECORDS  OF  ELGIN.  [l7l(5. 

might  order  suitable  provision  for  stabling  and  provender  to  the  horses. 
The  Councill  agree.  Those  having  corn  and  straw  to  thresh  it  out  with 
all  diligence.  Workmen  to  be  set  to  work  to  make  hecks  and  mangers 
as  several  of  the  houses  for  the  horses  want  these. 

March  26th. — Ther  being  a  complaint  made  to  the  magistrats  by  the 
Burgesses  of  the  extravagant  rates  for  peats  and  all  vivers  exacted  by  the 
countrey  people  from  the  Townsmen  on  occasion  of  the  forces  lying  here 
the  Councill  for  remead  therof  and  reducing  the  rates  of  fyring  and  vivers 
to  the  accustomed  prices  Doe  statute  and  ordain  that  none  of  the  bur- 
gesses presume  to  buy  any  fyring  or  vivers  coming  to  the  mercats  of  this 
burgh  and  in  use  to  be  sold  there  until  the  same  be  presented  to  the 
publick  mercat  place  under  pain  of  being  punished  as  forstallers  and  do 
nominal  Baillie  Charles  and  Andrew  Dick  or  any  one  of  them  as  over- 
seers of  the  mercats  eastward  of  the  Lossie  Wynd  and  John  Hay  and 
John  Duff  or  any  one  of  them  as  overseers  of  the  mercats  bewest  the 
said  wynd  and  give  to  them  full  power  to  sett  prices  on  all  fyring  and 
vivers  presented  to  the  mercats  and  if  any  burges  exceed  or  overbid  the 
prices  so  to  be  sett  doun  by  the  said  visitors  they  are  to  be  fined  at  the 
Council's  arbitriment. 

April  gth. — The  Councill  considering  that  the  inhabitants  of  this 
place  have  as  yet  got  no  reparation  of  the  damnages  sustained  by  them 
through  the  rebellion  do  ordain  that  the  accompt  of  the  said  damnages 
be  sent  up  to  London  to  Coll :  Campbell,  the  toun's  representative  in 
Parliament,  in  order  to  procure  redress  and  that  the  Magistrats  and  the 
clerk  send  of  the  same  with  a  letter  to  Coll :  Campbell  next  post  day. 

James  Taylor,  one  of  the  toun's  officers  having  been  imprisoned  in 
the  laigh  tolbooth  by  the  Magistrates  for  his  accession  to  the  escape  of 
Roger  Aitoun  yr.  of  Inchdernie  out  of  the  prison  of  this  burgh  and  the 
said  James  Taylor  having  petitioned  this  day  to  be  admitted  to  baill 
and  sett  at  liberty  because  he  is  extreamly  ill  of  the  gravell  the  Councill 
ordain  the  said  James  Taylor  to  be  sett  at  liberty  on  his  finding  caution 
for  500  merks. 

April  i6th. — Quartering  is  intimat  by  Serjant  Armorer  for  ^38  155. 
Stg.  of  cess  due  by  this  burgh  29  of  September  last,  and  preceeding.  The 
matter  to  be  componed  with  Serjant  Armorer,  comander  of  the  partie 
quartering. 


I7l6.]  TOWN   COUNCIL  MINUTES.  395 

May  I4th. — The  Councill  ordains  a  publication  to  be  made  by  drum, 
discharging  all  the  inhabitants  fra  suffering  their  cattle  or  sheep  to  travell 
through  pasture  or  any  ways  damnise  their  neighbour's  grass  or  corns. 

The  hecks  and  mangers  lately  made  at  the  toun's  expense  for  the  use 
of  the  regiment  of  dragoons  which  lay  here  to  be  sold  by  roup. 

June  25th. — The  hecks  and  mangers  made  for  Carpenter's  Dragoons 
comprised  to  £38  145.  Sc.  and  sold  for  £40. 

The  feuars  of  the  Cattaills  forbidden  to  cast  peats  except  in  ditches 
and  stanks  for  draining  the  ground. 

Kenneth  McKenzie  represented  that  several  of  the  inhabitants  have 
cut  the  highway  outwith  the  West  Port  which  being  sandy  may  prove 
dangerous  by  overflowing  the  adjacent  lands. 

The  marches  between  the  toun  and  Main  to  be  ridden  Thursday 
next. 

July  2nd. — James  Taylor  readmitted  officer,  as  the  other  two  officers 
are  not  able  to  discharge  the  duty  now  in  the  marching  and  counter- 
marching of  the  troops. 

August  27th. — The  Councill  appoints  Master  Archibald  Dunbar  of 
Thundertoun,  provest,  his  accompt  of  his  Commissioners'  fies  as  repre- 
senting the  burgh  in  the  Royall  Borrows  for  three  severall  conventions 
extending  in  the  heall  to  .£300  Sc.  to  be  paid. 

September  iyth. — A  popular  election  being  ordered  by  his  Majestic 
in  Councill  of  17  common  Councillmen  for  this  burgh  of  Elgin  to  serve 
from  the  day  of  their  election  until  the  usual  term  of  Michaelmas  election 
1716  and  which  17  persons  are  ordered  to  elect  their  office-bearers  in 
common  form,  a  poll  to  be  taken  of  the  burgesses  who  scot,  lot  and 
reside  in  this  burgh  at  sight  of  these  overseers  :  Alexander  Dunbar  of 
Bishopmiln,  Sheriff  principal!  of  Murray,  Mr.  Duncan  Forbes,  advocat, 
Col11.  William  Grant  and  Ludovick  Grant  of  Knockando.  Mr.  Archibald 
Dunbar  of  Thundertoun  is  elected  provost* 

*  The  following  is  a  copy  of  Minute  of  the  Privy  Council  of  date  2$th  June,  1716  : — 

"At  the  Court  of  St.  James's  the  25th  of  June  1716  Present  The  King's  most  Excellent 
Majesty  in  Councill.  Upon  reading  this  day  at  the  Board  a  Memorial  touching  the  most  proper 
and  effectual  Method  of  Reselling  the  Magistracy  of  Severall  Towns  in  North  Britain,  in  such 
manner  as  may  most  Contribute  to  the  restoring  of  the  Peace  of  those  Towns  and  to  the  securing 
thereof  for  the  future  :  and  it  having  likewise  been  Represented  to  his  Majesty  that  severall 
Uurghs  in  North  Britain  were  at  Michaelmas  last  [the  Ordinary  and  Legall  time  of  their  Electing 
Magistrates]  either  entirely  hindered  from  making  such  Elections,  according  to  their  severall 
Constitutions  or  that  where  the  Formality  of  Elections  was  Observed  being  then  under  the  power 


396  RECORDS  OF  ELGIN. 

September  24th.— Second  election  of  Council,  &c.,  for  the  year  1717. 
Thundertoun  continued  as  Provost. 

October  2nd. — Letter  to  the  Magistrals  presented  from  the  Com- 
mander of  the  four  companies  of  my  Lord  Irving's  regiment  now  lying  in 
this  place  desyring  the  toun  might  furnish  two  sentry  boxes,  a  guard 
room  with  candle  and  fyring  and  a  wooden  horse*  for  punishing  trans- 
gressing soldiers,  to  all  which  proposalls  the  Councill  agrees. 

Overseers  of  mercats  are  appointed  as  the  country  people  exact 
extravagant  rates  for  peats. 

October  22nd. — Kenneth  McKenzie,  late  treasurer,  gave  in  to  James 
Cramond,  present  treasurer,  the  two  silver  communion  cups  belonging  to 
this  burgh. 

October  25th. — The  Councill  considering  that  by  a  late  Act  of 
Parliament  intitled  an  Act  for  securing  the  Peace  of  the  Highlands 
all  keeping  or  wearing  of  any  arms  of  any  sort  is  prohibited  and  dis- 
charged excepting  the  persons  who  are  allowed  by  the  said  Act  to  keep 
arms  and  allowance  is  thereby  given  to  Magistrals  of  Burghs  royall  to 
keep  200  stand  of  arms  in  a  publick  storehouse  for  the  use  of  the  burgh, 
Do  therefor  ordain  all  the  burgesses  and  inhabitants  of  Elgin  to  give  in 
their  firearms  and  other  weapons  of  any  sort  to  be  kept  in  a  storehouse 

and  Impression  of  the  Rebells  the  freedome  of  such  elections  was  thereby  restrained  and  the 
Burgh  of  Elgin  in  particular  having  laine  under  such  or  the  like  circumstances  :  His  Majesty  in 
Councill  taking  the  same  into  consideration  is  pleased  to  Order  and  it  is  hereby  Ordered  that  a 
popular  Election  be  made  by  the  Burgesses  and  Inhabitants  resident  within  and  bearing  a  share 
of  the  Common  Burthens  of  the  said  Burgh  of  Elgin  by  Poll  of  Twenty  One  persons  to  1« 
Common  Counsellors  with  powers  to  them  to  elect  their  office  bearers  according  to  the  sett  and 
constitution  of  the  said  Burgh  to  the  end  that  the  Magistrates  and  Counsellors  so  elected  may 
continue  from  that  time  forward  untill  the  ordinary  time  of  the  annuell  change  of  the  Magistrates 
and  Counsellors  of  the  said  Burgh  in  the  year  1716  and  it  is  hereby  further  Ordered  That 
William,  Lord  Strathnaver,  Simon,  Lord  Lovat  .  .  Dunbar  of  Bishopmilne,  Sheriff  of  the 
County  of  Elgin,  George  Munro  of  Culcairn,  Alex'.  Gordon  of  Ardoch,  Colin  Grahame  of  Drenie 
and  Hughe  Baillie,  Principal!  Sheriff  Clerk  of  Inverness,  John  Forbes  of  Culloden,  Alex'. 
Abercromby  of  Glashaugh,  Js.  Grant  of  Elchies,  Coll.  Will"1-  Grant,  Ludovick  Grant  of  Knock  - 
ando,  Mr.  Duncan  Forbes,  Advocate,  Robert  Urquhart  of  Burdsyards,  Robt.  Dunbar  of 
Granghill  and  David  Dunbar  of  Dumfarl  or  any  three  of  them  shall  and  they  are  hereby  Authorized 
and  Required  to  convocate  and  Assemble  (giving  due  intimation  thereof)  the  Burgesses  and 
Inhabitants  aforesaid  within  the  said  Burgh  at  a  certain  Convenient  day  in  the  Month  of 
September  next  ;  to  be  by  them  appointed  ;  and  there  and  then  to  Oversee  and  Direct  the  said 
Election  according  to  the  Rules  in  use  to  be  Observed  in  such  cases  ;  and  to  Forme  an 
Authentick  Instrument  thereupon  under  their  subscription  Manuall  to  be  reported  to  his  Majesty 
in  Council  for  his  Royall  Confirmation  :  of  all  which  the  Persons  before  named,  and  all  others 
whom  it  may  concerne  are  to  take  notice,  and  to  pay  due  obedience  to  his  Maj''s  Pleasure 
herein  signified. — ROBERT  HALES." 

*  Cf.  I.,  129,  Annali  o/tfa>if(Nev/  Spalding  Club)  and  "  Edinburgh  in  the  Olden  Time," 
1717-1828. 


I7I7-]  TOWN   COUNCIL  MINUTES.  397 

for  the  publick  use  of  the  Town  within  the  tolbooth  and  certifying  that  if 
they  keep  up  their  arms  they  will  be  made  lyable  to  the  penalties  in  the 
said  Act  of  Parliament  and  the  said  arms  are  to  be  kept  in  the  said  store- 
house untill  the  government's  pleasure  be  farder  known  theranent. 

November  5th. — The  highway  lately  made  through  the  Cattails  is 
convenient  for  the  town  therfor  all  having  horses  and  servants  to  send 
them  one  day  to  repair  it. 

November  I2th. — Approbation  (of  date  i8th  October)  by  His  Royal 
Highness  the  Prince  of  Wales  in  Council  of  the  late  popular  election  of 
Magistrals  and  Councill. 


1717. 

January  7th. — The  Councill  ordered  the  treasurer  to  pay  William 
Crombie,  merchant,  .£34  I2s.  Sc.  for  corn  and  straw  furnished  by  him 
to  General  Wightman's  horses  in  February  last  in  respect  the  General 
refused  to  pay  the  same  and  the  same  is  to  be  stated  in  the  accompt  of 
Damages  sustained  by  the  forces. 

William  Crombie  presented  two  accompts  due  by  the  toun  to  him 
and  spent  with  the  gentlemen  who  oversaw  the  popular  election  in 
September  last  amounting  to  £69  -  9  -  4  Sc.  which  accompts  were  read 
and  approven  by  the  Councill  and  ordered  to  be  paid. 

March  27th. — Hugh  Crombie  elected  conjunct  Town  Clerk  in  place 
of  James  Fraser,  whose  office  is  void  by  his  being  engaged  in  the  late 
Rebellion  and  his  non-attendance  at  Courts  and  Councills  these  twelve 
months  past  and  upwards. 

May  1 3th. — The  Contract  with  the  masons  for  the  four  vaults  of  the 
tolbooth  and  the  pricket  was  £1000  Sc.  and  three  chalders  victual.  They 
have  built  an  additional  fish  vault  for  500  merks. 

Alexander  Dunbar  of  Bishopmiln  compliments  the  town  with  a  fine 
chair  which  is  planted  on  the  top  of  the  oval  stair  of  the  new  tolbooth, 
for  which  the  treasurer  is  appointed  to  return  him  thanks. 

June  5th. — Decreet  arbitral  betwixt  the  Councill  and  William  King. 

June  24th. — For  the  conveniency  of  the  inhabitants  in  the  west  end 
of  the  town  the  Councill  appoints  the  tolbooth  bell  to  be  rung  every  night 
at  8  and  every  morning  at  5. 


398  RECORDS  OF  ELGIN.  [1718. 

November  nth. — William  Shiels,  surgeon,  tacksman  of  the  Petty 
Customs,  states  whereas  during  the  rebellion  which  fell  out  in  the 
moneth  of  September  1715  the  mercats  of  this  burgh  were  interrupted 
and  unfrequented  untill  the  moneth  of  June  1716  and  in  the  said  space 
he  only  collected  the  sum  of  £325  Sc.  of  the  petty  customs  which  falls 
short  of  that  year's  tack  duty  of  the  sum  of  ;£i88. 

December  2nd. — Statutes  revised.  The  words  "  that  there  be  no 
shutting  of  beef"  ought  to  be  razed  and  expunged  in  respect  that  the 
same  is  ane  old  obsolete  word  not  generally  understood. 

The  price  of  the  tolbooth  bell— £276  Sc.— paid  to  Albert  Gellie. 

December  23rd. — The  Council  order  to  be  taken  down  the  gavel  of  a 
Tillielumb  in  Baillie  Dunbar's  closs  as  being  hazardous. 


1718. 

January  27th. — Act  for  a  custom  on  Country  malt.  The  Council  con- 
sidering that  the  publick  cess  of  this  burgh  as  it  is  presently  rated  in  tax 
roll  of  the  Royal  Burrows  is  far  above  the  proportion  which  the  burgh 
can  bear  since  there  is  no  foreign  trade  within  this  town  and  also  con- 
sidering that  the  trade  of  malting  within  this  burgh  was  once  a  valuable 
branch  of  trade  and  is  now  much  decayed  by  the  considerable  quantities 
of  malt  brought  from  the  country  and  vented  in  this  burgh  although  the 
maltmen  of  the  town  are  still  heavily  assessed  for  that  trade  and  that 
they  have  little  or  no  consumption  of  malt  sold  within  the  town  and  that 
the  town's  brewers  pay  no  cess  as  such  nor  the  country  maltmen  pay  any 
publick  dues  for  that  branch  of  trade  therefor  henceforth  all  malt  brought 
into  this  burgh  shall  be  sold  only  in  the  meal  mcrcat  in  the  lowest  story 
of  the  new  tolbooth  betwixt  8  in  the  morning  and  sunsett  and  the  seller 
shall  pay  55.  Sc.  of  ilk  boll  of  petty  custom. 

February  3rd. — Twenty  men  appointed  to  keep  guard  each  night 
from  nine  till  six. 

March  loth. — The  Council  considering  that  the  town  and  country  are 
at  a  loss  by  the  want  of  ane  expert  ferrier  doe  therfor  impower  Baillie 
Wiseman  to  writte  to  Henry  Smiell  late  printice  to  Robert  Campbell, 
ferrier  in  Edinburgh  to  come  and  reside  in  this  place  to  practise  the  said 
trade  and  for  his  incouragment  in  the  Councill's  name  to  assure  him  that 


1718.]  TOWN   COUNCIL   MINUTES.  399 

they  shall  be  at  the  expence  of  transporting  himself,  wife  and  tools  by 
sea  from  Lieth  to  Spey  or  Findhorn,  that  he  shall  be  made  burgcs  of  the 
town  and  freeman  among  the  Trades  gratis  and  that  he  shall  have  fourty 
or  sixty  Pounds  Scots  advanced  to  him  in  loan. 

The  marches  of  Muirytack  to  be  perambulate  upon  Saturday  nixt  at 
8  acloack  in  the  morning  and  all  the  burgesses  to  be  advertised  to  attend 
by  tuck  of  drum  under  the  penalty  of  three  pounds  Scots  each  absent 
and  intimation  hereof  was  instantly  made  to  Bailie  Wiseman  present 
heritor  of  Muirytack. 

Anent  a  coal  heugh.  The  Council  considering  that  there  is  some 
probability  of  finding  out  a  Coal  heugh  in  the  muirs  belonging  to  this 
burgh  lying  besouth  the  moss  thereof  and  that  it  is  judged  the  most  easy 
and  expedient  way  for  attempting  the  discovery  of  the  said  coal  will  be 
by  digging  a  pit  from  the  surface  of  the  said  muir  severall  fathoms 
downward  and  since  the  common  good  of  the  burgh  being  presently 
incumbered  with  severall  debts  is  not  able  to  defray  the  expence  therfor 
the  Councill  judge  it  reasonable  that  the  said  expence  be  carryed  on  by 
a  voluntary  subscription  of  the  burgesses  and  inhabitants  and  all  the 
members  of  Councill  present  for  a  good  example  to  the  other  inhabitants 
they  presently  subscryved  a  paper  for  a  voluntary  contribution  to  the 
forsaid  work  and  earnestly  recommend  it  to  the  Bailies  to  goe  through 
the  town  and  procure  such  other  subscriptions  for  carrying  on  the  said 
work  as  they  can  gett.* 

March  i/th. — The  bounds  of  Muirytack  were  perambulat  Saturday 
last  and  the  bounding  exposed  as  it  stands  in  Robert  Gibson  of  Link- 
woods,  fevar  (  =  fewar)  therof  his  precept  of  Clare  Constat  in  1686  and 
recorded  in  the  Town's  Register  of  Sasines  that  year.  It  appears 
incroachments  are  made  by  tenants  of  James  Wiseman,  now  heritor 
of  Muirytack  upon  the  muirs  belonging  to  the  burgh,  outwith  the  bounds 
of  Muirytack.  The  said  encroachments  to  be  redressed. 

March  3ist. — The  cess  due  for  Robert  Gibson  of  Linkwood's  land  in 
Lazarus  Wynd  is  now  paid  up. 

This  day  a  contract  was  read  in  Council,  past  betwixt  William 
Geddes,  merchant,  collector  of  the  Voluntary  Contribution  for  discovery 

*  Cf.  Statistical  Account  of  Scotland  sub  Fordyce  (1792),  where  it  is  stated  that  boring  for 
coal  was  made  at  Glassaugh,  both  by  General  Abercrombie  and  his  father,  but  no  coal  was 
found. 


4oo 


RECORDS  OF   ELGIN.  [l7'8- 


of  a  coal  heugh  in  the  muirs  belonging  to  this  burgh  and  James  Ross, 
George  Ogilvie,  and  John  Lawrie,  masons,  to  which  contract  the  Councill 
agrees. 

May  1 2th. — The  Council  appoints  the  four  bailies  a  committee  to 
draw  up  a  representation  of  the  decay  of  the  several  branches  of  trade 
within  this  burgh  'gainst  the  meeting  of  the  commissioners  from  the 
several  burghs  appointed  by  the  Generall  Convention. 

June  2nd. — The  weather  cock  of  the  tolbooth  is  sent  to  Inverness  to 
rectifie  because  it  did  not  answer  the  wind.  Paid  Andrew  Kilgour 
£33  1 8s.  for  his  pains  and  the  charge  of  mending  the  said  weather  cock. 

June  gth. — Henry  Smeill,  ferryer,  having  come  to  this  place  is 
admitted  burges  and  freeman  and  allowed  the  privilege  of  the  ferryer 
trade  and  shoeing  of  horses  without  application  to  any  of  the  Trades. 

The  brewers  and  retailers  of  wine  are  now  to  be  stented  being  it  is 
apparent  to  the  Councill  that  all  said  retailing  of  ale  and  wine  is  a 
profitable  way  of  living  and  that  ther  is  no  foreign  trade  in  this  burgh  to 
support  the  burden  of  the  town's  cess. 

The  Bounding  and  Marches  betwixt  the  Town  of  Elgin  and  Lands 
of  Mayn,  taken  from  a  Contract  of  Marches  betwixt  the  Magistrates  of 
Elgin  and  Heretor  of  Mayn  [date  not  given].  Beginning  at  the  standing 
stone  that  divids  the  lands  of  Maine  frae  that  part  of  the  hard  land  of 
Elgin  called  the  Floors  whilk  stands  in  the  north  end  of  the  dyke  beeast 
Knockmasting  and  passand  lineally  south  therefrae  to  ane  stone  put  in 
the  pott  casten  upon  the  west  side  of  the  westmost  stank  of  the  wards  of 
the  mosses  and  passand  therefrae  lineally  south  through  the  end  of  the 
said  mosses  to  ane  other  stone  in  the  edge  of  the  moore  of  Elgin  benorth 
the  litle  gate  that  passes  east  and  west  the  said  mosses  edge  and  fra  that 
stone  west  as  the  said  litle  gate  goes  into  the  king's  high  gate  that  passes 
from  Turnagounie  to  Birnay  upon  the  east  side  of  the  whilk  high  gate 
and  end  of  the  said  litle  gate  ane  stone  is  sett  and  fra  that  southward 
still  keeping  the  said  broad  gate  whill  it  come  to  ane  cross  gate  at  the 
laboured  land  ends  of  Aikenhead  whilk  passes  west  to  the  common  loan 
that  was  betwixt  the  moores  of  Elgin  and  Grieshop  lands  therof  bewest 
the  water  of  Lossie  at  the  end  of  the  whilk  cross  gate  there  is  a  stone 
sett  on  the  west  side  thereof  and  frae  that  stone  westward  frae  stone  to 
stone  sett  on  the  hight  of  the  knoues  betwixt  the  cotter  houses  and  tilled 
land  of  Aikenhead  and  frae  that  north  west  whill  it  enter  in  the  water  of 


I7l8.]  TOWN   COUNCIL   MINUTES.  4OI 

Lossie  where  ane  stone  is  sett  in  the  east  bank  thereof  and  frae  that 
athort  the  said  water  and  up  with  ane  peice  on  the  west  side  thereof 
whill  it  enter  the  old  loan  that  passes  frae  the  saids  moores  to  the  said 
grieshop  land  and  frae  the  said  loan  side  northward  as  the  green  mearing 
lyes  whilk  pntly  devides  the  peice  land  called  the  Sherrif  crook  pertain- 
ing to  the  lands  of  Maine  at  the  east  and  the  lands  of  Bailliefield 
pertaining  to  the  Toun  of  Elgine  at  the  west  and  fra  that  crossand 
the  said  water  of  Losse  to  ane  stone  sett  in  the  south  end  of  the  wester 
dyke  of  the  Short  Boig  divideing  the  said  Boig  frae  the  lands  of  Pedifield 
and  passand  northward  therefrae  as  the  said  Wester  Dyke  goes  athort 
the  said  water  of  Lossie  to  the  eastmost  part  of  the  lands  called  the 
Linthauch  where  ane  stone  is  sett  and  therefrae  athort  the  said  water 
again  to  ane  stone  put  on  the  east  side  of  the  said  water  of  Lossie  at  the 
lands  of  Maine  and  therefrae  discendant  the  said  east  side  of  the  water 
of  Lossie  untill  ane  other  stone  on  the  said  caster  side  of  the  water 
devidand  the  saids  lands  of  Maine  and  that  part  of  the  hard  land  of 
Elgin  called  the  Palmer  Butts  and  frae  that  eastward  frae  stone  to  stone 
untill  it  returne  to  the  first  stone  in  the  nook  of  the  Dyke  of  Knock- 
masting  at  whilk  [blank]  west  to  the  water  of  Lossie  both  the  saids 
parties  condescends  that  there  shall  be  4  foot  of  ground  left  waste  and 
ley  betwixt  them  to  witt  two  foot  on  ilk  side  of  the  stone  to  be  ane 
common  foot  passage  to  honest  men  to  visite  their  corns  and  fields  and 
the  saids  provost  and  baillies  and  councill  of  Elgin  be  the  tenor  hereof 
condescends,  agrees  and  declares  that  all  and  whatsomever  is  within  the 
saids  marches  and  meithes  as  is  particularly  above  rehearsed  is,  was  and 
shall  be  the  proper  lands  of  Maine  and  Aikenhead  pertaining  heretably 
to  the  said  Reverend  Father*  .  .  . 

Marches  betwixt  the  Lands  of  Mostowie,  mos  therof  and  tlie  Lands  of 
Aldrochtie,  Innerlochtie  and  Whitefield,  Monachtie  and  Mosses  therof,  i$th 
July,  1652.  The  said  day  th4  marches  of  Elgin  visited  be  the  Magistrats, 
Councill  and  community.  The  first  march  stone  was  at  the  west  end  of 
the  lands  of  Oldroughty  upon  the  north  side  of  the  high  gate  as  they  goe 
to  Forres  from  that  lineally  southward  to  ane  stone  upon  the  stank  side 
at  the  end  of  the  butts  whilk  stone  is  now  removed  but  the  place  where 
it  stood  evidently  marked  and  now  potted  from  thence  due  south  to  ane 

*  Rev.  Joseph  Brodie  of  Mayne  is  probably  here  referred  to.      He  was  a  son  of  David 
Brodie  of  Brodie,  and  became  minister  of  Keith  in  1631,  and  of  Forres  in  1646.     He  died  1656. 

B  2 


402  RECORDS  OF  ELGIN. 

other  removed  stone  on  the  burn  side  from  thence  south-west  to  the  hill 
called  the  Whitehill  and  the  rodway  that  goes  over  it  from  thence  south 
and  west  alongs  the  old  rin  of  the  Burn  and  finding  it  stopped  near  the 
end  of  the  arable  land  of  Mostowie  they  did  let  it  out  again  in  to  the  old 
rin  from  thence  south  ward  to  ane  march  stone  [blank]  from  thence  south 
ward  alongs  the  strype  called  Collkillack  to  ane  other  stone  in  the  north 
west  [blank]  from  Whitefield  to  the  mosses  of  Mostowie  from  thence 
south  to  ane  other  stone  at  the  entrie  of  the  moore  beneath  Whitefield 
from  thence  to  the  steane  called  the  sadle  stone  upon  the  north  side  of 
ane  stripe  that  rins  in  ane  slack  from  thence  just  westward  to  ane  litlc 
know  where  there  is  a  stone  called  Gibon  stone  from  thence  due  west 
to  ane  other  stone  upon  ane  knowhead  called  the  Mare  stone  with  ane 
rift  in  the  midle  and  ane  hole  in  the  syde  from  thence  northward  to  the 
steane  [blank]  and  the  carne  of  [blank]  from  thence  north  west  and  north 
and  north  east  be  the  hill  called  the  Langhill  till  they  come  where  the 
swan  tree  burn  runes  in  in  Lochtie  from  thence  down  Lochtie  to  the 
north  west  nook  of  the  [blank]  hills  from  thence  east  to  ane  stone  at  the 
head  of  the  Arne  burn  of  Mostowie  from  thence  east  to  the  red  stone 
bcsouth  the  Milndam  of  Mostowie  from  thence  east  to  ane  stone  in  the 
dam  from  thence  north  to  ane  stone  upon  a  hillack  a  litle  south  west 
beside  ane  litle  loch  .  .  . 

Marches  betwixt  the  Lands  of  Linkivoods  and  others  and  the  Town  of 
Elgin,  2nd  August,  1652.  The  said  day  the  east  marches  of  Elgin  were 
visited  by  the  Magistrals  Council  and  burges.  The  first  march  where 
sometime  there  was  ane  stone  is  a  litle  bcnorth  present  run  of  Tayock 
two  pair  of  butts  beeast  the  way  that  goes  to  Linkwood,  the  second  is 
south  and  south  east  where  umq11  Gilbert  Thorn  his  kiln  stood  from  ane 
other  stone  upon  the  top  of  the  hill  near  to  the  same  from  alongst  a  high 
way  south  and  west  to  a  hole  where  a  stone  was  within  a  pair  [?  of  butts] 
to  Alexander  Cumming's  cotts  theron  from  thence  due  west  to  ane  stone 
in  the  ground  of  the  dyke  of  the  said  yeard  from  thence  south  west  to  a 
stone  upon  a  hill  upon  the  north  side  of  the  burn  of  Linkwood  from 
thence  alongst  that  little  hill  head  as  it  goes  south  west  from  thence  south 
west  to  the  top  of  another  litle  hill  upon  the  brink  of  the  said  burn  where 
sometimes  there  was  ane  stone  but  fain  by  the  water  from  thence  to  ane 
hole  where  ane  stone  was  near  the  hill  called  the  Tod  hill  from  thence  to 
ane  standing  stone  upon  the  east  side  of  the  way  that  runs  from  the  south 
northward  alongst  the  Longhill  and  besouth  the  end  of  the  said  hill. 


1718.]  TOWN   COUNCIL  MINUTES. 

August  4th. — The  magistrats  reported  that  upon  26th  July  they  with 
several  of  the  burgesses  and  inhabitants  had  perambulate  the  marches 
betwixt  the  town  and  the  lands  of  Linkwoods  conform  to  the  bounding 
subjoined  to  the  former  sederunt  and  had  found  some  incroachments  for 
which  there  is  a  proces  depending  before  the  Lords  against  James 
Wiseman  and  others. 

The  Council  find  the  Provost  in  July  last  paid  three  years  /Eques 
amounting  to  £67,  one  year's  missive  dues  amounting  to  £66  I2s.  4d.  his 
fees  as  commissioner  to  the  burghs  from  24th  June  to  i/th  July  £72, 
item  of  extraordinaries  in  treating  several  members  of  the  Convention 
and  advising  with  Robertson  of  Gladney  anent  the  Coal  pitt  £36  item 
horse  hyre  south  and  north  £20. 

August  1 8th. — The  Council  grant  a  receipt  for  45  pieces  of  boreing 
irons  borrowed  from  his  Grace  the  Duke  of  Gordon  for  the  discovery  of 
coal. 

October  6th. — The  Councill  appointed  John  Fenton,  bailie,  to  be 
session  bailie  for  the  ensueing  quarter  with  power  to  him  to  punish  all 
immoralities  according  to  the  laws  and  acts  of  Parliament  now  in  force 
and  whereas  the  ministers  and  church  session  have  represented  to  the 
Council  the  many  licentious  profanations  of  the  Lord's  day  and  practised 
within  this  burgh  by  haunting  of  taverns  and  alehouses  in  time  of  divine 
worship  and  after  close  therof,  idle  and  unnecessary  vagueing  in 
the  streets  and  sitting  under  forestairs  either  in  time  of  divine 
worship  and  after  close  therof  the  Council  for  restraining  any  such  abuses 
and  for  giving  all  due  concurrence  for  suppressing  vice  and  immorality, 
doe  appoint  ane  intimation  to  be  made  by  drum  through  this  burgh  dis- 
chargeing  all  and  sundry  the  inhabitants  whether  masters  or  mistresses  of 
familys,  printices  or  servants  or  any  other  private  or  single  person  what- 
soever whether  men  or  women  to  use  any  of  the  forementioned  bad 
practices  or  profanation  of  the  Lord's  day  under  the  penaltys  contained 
in  the  Acts  of  Parliament  made  theranent  and  appoints  parents  to  be 
lyable  for  their  children  and  masters  for  their  servants  and  for  furder 
restraining  the  said  abuses  the  Council  appoints  two  of  the  Town  officers 
ilk  Lord's  day  to  goe  allong  with  such  of  the  Kirk  Session  or  others  who 
attend  at  the  offering  or  any  member  of  Council  who  shall  be  thereto 
appointed  to  take  notice  of  all  abuses  and  profanations  that  may  be  done 
contrary  hereto  and  they  appoint  any  of  the  magistrats  for  the  time  being 


404 


RECORDS  OF   ELGIN. 


session  bailie  upon  information  and  proof  led  before  him  of  any  such 
abuses  to  cause  punish  the  delinquent  in  terms  of  the  Acts  of  Parliament 
aforesaid. 

November  3rd. — The  south  east  and  south  west  wings  of  the  Bridge 
of  Lossie  need  reparation. 

Guard  rolls  to  be  drawn  up.  Each  guard  to  consist  of  20  persons. 
To  guard  from  9  p.m.  to  6  a.m.  Absents  to  pay  five  pounds  Scots  each. 


1719. 

January  26th. — A  draught  of  a  design  for  a  bellhouse  and  spire  for 
the  church  steeple  of  this  burgh  drawn  up  by  Mr.  Smith,  architect.  On 
consideration  the  pyramid  designed  for  the  church  is  put  of  until  the 
town  be  able  to  defray  the  charge. 

April  1 3th. — Intimation  to  be  made  by  tuck  of  drum  to  the  inhabi- 
tants that  they  keep  their  cattel  off  their  nighbours'  lands  in  terms  of  the 
i6th  statute  of  this  burgh. 

April  27th. — The  magistrates  represented  that  the  present  circum- 
stances of  the  affairs  of  this  nation  require  that  for  the  publick  service  of 
the  government  all  the  powder  in  this  burgh  should  be  taken  up  and 
secured.  The  following  was  lodged  in  the  fifth  vault  of  the  tolbooth  for 
the  public  service  and  receipts  granted  to  the  owners:  38,  15,  9  and  38 
Ibs. ;  in  all  100  Ibs. 

June  29th. — The  inhabitants  who  have  horses  and  carts  to  give  a 
yoking  to  lead  sand  and  stones  to  mending  the  high  way  leading  from 
the  Marywcll  brae  to  Old  Milns  it  being  impassable  in  rainy  or  winter 
weather.  The  high  way  leading  from  the  east  by  the  bridge  of  Shearers- 
toun  is  by  the  stagnating  and  inundation  of  the  water  there  in  speats  and 
winter  weather  impassable  which  hinders  the  country  people  from  access 
to  the  mercats.  Each  inhabitant  required  by  the  Magistrates  is  to  work 
one  day  with  a  spade  or  furnish  a  spademan  for  said  work  under  the  pain 
of  6s.  Sc. 

September  7th. — Broadswords  are  delivered  to  the  four  officers  for 
which  there  was  paid  .£10  I2s.  Sc. 

September  22nd. — Hugh  Crombie  is  elected  conjunct  town  clerk  ad 
vitam  atit  culpatn.  [He  died  before  igth  October.] 


I72O.]  TOWN   COUNCIL  MINUTES.  405 

October  5th. — The  Council  contribute  two  guineas  to  the  burgh  of 
Nairn  for  repairing  their  bridge  and  rebuilding  their  tolbooth  lately  burnt. 

Alexander  Dick,  senior,  glover,  having  intimat  to  the  Town  Council 
his  inclination  of  mortifying  1000  merks  Sc.  to  the  poor  of  the  toun  and 
parish  of  Elgin  the  Council  appoints  the  provost,  any  of  the  baillies  and 
clerk  to  meet  with  Alexander  Dick  and  with  William  Duff  of  Diple, 
proprietor  of  thirteen  crofts  anent  the  sale  therof  for  consumating  the 
said  pious  design  and  to  report  next  Council  day. 

The  Councill  appoints  the  baillies  to  go  each  of  them  through  a 
quarter  of  the  town  and  take  up  exact  lists  of  all  the  inhabitants  and  at 
the  same  time  to  search  for  lint  in  firehouses  and  where  found  to  confiscat 
the  same  and  fine  the  transgressor  conform  to  the  town's  statute. 

November  gth. — William  Shiels,  surgeon,  being  the  only  offerer  for  a 
three  years'  tack  of  the  petty  customs  is  accepted  at  £512  yearly. 

November  3Oth. — For  a  three  years'  tack  of  the  Hospital!  Croft 
belonging  to  Pitullie's  Mortification  James  Anderson  offered  £22  Sc. 
yearly. 

[Deed  of  Mortification  by  Alexander  Dick,  glover,  to  the  poor  of 
Elgin  for  1000  merks  Sc.  here  recorded.  The  magistrates  and  ministers 
of  Elgin  are  patrons  and  are  to  have  a  special  regard  to  decayed  trades- 
men and  their  widows  and  orphans.] 

I  720. 

January  i8th. — The  magistrals  presented  a  letter  to  them  from  Sir 
David  Dalrymple  his  Majesties  advocat  bearing  that  he  had  a  particular 
order  from  the  King  signified  to  him  by  his  Secretarie  whereby  it  is 
appointed  that  the  said  Magistrals  do  forthwith  give  direction  within  the 
burgh  of  Elgin  for  putting  the  laws  in  execution  against  all  non-juring 
Clergy  within  their  jurisdiction  and  the  Council  being  credibly  informed 
that  Mr.  Alexander  Cuming  a  nonjuring  Episcopal  minister  doth  preach, 
pray,  administer  the  Sacraments  and  do  other  acts  of  the  ministerial 
function  in  this  burgh  without  the  qualifications  requisite  in  law  therfor 
the  Councill  unanimouslie  resolve  that  the  said  Mr.  Cuming  be  prosecute 
and  tryed  befor  the  Magistrats  with  all  speed  for  his  said  offences  and 
appoints  a  lybell  to  be  drawn  against  him  at  the  town  fiscal's  instance  for 
that  end. 


406  RECORDS  OF   ELGIN.  [1/20. 

January  2ist — The  Councill  considering  that  Mr.  Alexander  Cuming, 
the  Episcopal  preacher,  is  not  a  fixed  residenter  within  this  place  cannot 
prosecute  him  till  they  fix  him  within  the  town's  jurisdiction  but  in  the 
mean  tyme  appoint  the  magistrats  to  make  a  return  to  my  Lord 
Advocatt's  letter  bearing  that  they  will  prosecute  the  said  Mr.  Cuming 
how  soon  they  can  find  him  within  ther  bounds. 

February  I5th. — No  draff  or  dung  to  be  transported  out  of  this  burgh 
under  the  penalty  of  £$  Sc.  ilk  transgressor. 

The  Councill  doe  ordor  George  Wilson,  thesaurer,  immediatly  to  sett 
about  buying  of  ten  duzon  of  dealls  for  lofting  and  flooring  of  the  room 
in  the  tolbooth  bewest  the  Courthouse  in  ordor  for  makeing  the  same 
ane  handsome  and  convenient  Councill  house. 

March  28th. — Alexander  Smith  appointed  conjunct  clerk  ad  vitam 
aut  culpam. 

April  nth. — The  Magistrats  to  write  Mr.  Campbell  their  repre- 
sentative in  Parliament  to  lay  befor  the  Parliament  the  town's  claim 
was  levied  out  this  burgh  in  1715  by  the  Earl  of  Sutherland's  order 
which  claim  amounts  to  £188  2s.  6d.  Stg. 

Upon  application  made  by  some  Invernes  merchants  that  severalls  of 
ther  men  as  merchants  and  mariners  are  taken  captives  by  the  Sally 
roavers  the  Councill  for  ther  redemption  appoint  £3  Stg.  to  be  given.* 

April  1 8th. — The  Magistrats  and  Council  appoint  James  Cuming, 
officer,  to  be  putt  in  close  prison  and  irons  dureing  the  magistrates' 
pleasure  for  his  being  accessorie  to  the  escape  out  of  prison  of  Janet 
Master,  spouse  to  James  Smith,  smith,  who  was  imprisoned  for  the  crime 
of  theft. 

May  Qth. — The  Councill  considering  that  the  toun's  best  mortcloath 
is  old  and  much  worcn  thcrfor  impower  the  magistrats  to  commission  to 
Holland  and  buy  for  the  toun's  use  a  fine  mortcloath  of  good  velvet. 

The  Councill  give  the  case  of  half  the  rent  of  the  Mariewell  grass  for 
the  year  1719  in  consideration  of  the  loss  sustained  by  the  forces  in  their 
passing. 

June  1 3th. — Agreement  with  James  Brown,  clockmaker,  at  Aberdeen 
to  make  and  build  ane  sufficient  and  wcel  goeing  clock  in  the  steeple  of 

*  Cf.  "The  Pirates  of  Barbary  in  Scottish  Records,"  by  \V.  Cramond,  pp.  172-182;  No. 
44,  The  Scottish  Antiquary  (April,  1897)  ;  also  Kecorils  of  Convention  of  Koyal  Burghs,  Vol.  I., 
122,  124,  &c. 


1721.]  TOWN   COUNCIL   MINUTES.  407 

the  tolbooth  with  two  diall  plates  and  that  for  £18  Stg.  to  be  paid  out 
of  the  vacant  stipends  for  1716  and,  if  necessary,  the  common  good. 

July  4th. — James  Tylour  and  James  Mill,  town's  officers,  who  were 
put  in  irons  and  turned  out  of  their  offices  for  disobeying  Baillie  Cramond 
when  he  was  insulted  by  anc  inhabitant  of  the  town,  now  begging  the 
Council's  parden  are  reponed  to  their  offices  and  their  coats  returned  to 
them. 

September  I2th. — The  Council!  appoint  Colonel  Campbell,  their 
representative  in  Parliament,  to  sell  in  London  the  share  allotted  to 
them  in  the  Royal  Fisherie  of  England  which  was  £3000  Stg. 

October  loth. — Robert  Innes  of  Blackhills  and  his  tenants  allowed 
for  one  year  to  win  and  lead  away  lyme  stones  from  muirs  belonging  to 
the  town  besouth  the  town. 

November  I4th. — Several  of  the  inhabitants  complain  that  the  tacks- 
men  of  the  Old  Milns  unduly  exact  multure  under  the  name  of  knaveship 
to  the  millers  whereas  by  agreement  with  the  town  and  the  Heritor 
(Diple)  the  multure  of  all  grains  is  fixed  to  the  TV  part.  The  Councill 
are  to  demand  redress  of  the  heritor. 

December  I3th. — A  Head  Court  to  be  held  on  the  ipth  inst.  to  deter- 
mine whether  the  inhabitants  incline  to  debate  the  matter  anent  the  Old 
Milns  legally  with  Diple  who  declines  to  accomodate  the  affair. 


1721. 

January  Qth. — Robert  Innes  of  Mondole  is  now  prisoner  in  the 
tolbooth  for  civil  debt.  William  Cuming  in  Wester  Alves  offers  to 
relieve  the  town  of  all  skaith  if  he  is  not  kept  a  close  prisoner.  The 
Councill  allow  him  in  the  day  time  to  walk  in  the  Courthouse  or  room 
bewest  the  same. 

The  masons'  charge  for  building  the  tolbooth  is  £4000  Sc.  Item  in 
victual  three  chalders  (48  bolls). 

January  i6th. — The  Councill  being  informed  by  some  of  the  burgesses 
that  ther  appears  to  be  a  gang  of  villains  in  town  who  are  attempting 
every  other  night  to  break  open  the  merchants'  shops  do  appoint  that 
every  night  twelve  of  the  townsmen  keep  a  nightly  watch  and  patrole  in 
the  streets  for  preserving  the  inhabitants  from  house  and  shop  breakers. 


408  RECORDS  OF   ELGIN.  [lJ22. 

The  Magistrals  are  appointed  to  write  Colonel  Campbell,  their  repre- 
sentative in  Parliament  to  solicit  the  payment  of  the  accounts  due  to  the 
town  while  the  Earl  of  Sutherland  and  the  army  under  him  lay  here  in 
December,  1715. 

May  ist. — The  old  pit  in  the  tolbooth  to  be  set  up  as  a  shop.  The 
keys  of  the  prison  where  Mondole  and  Aldrochty  are  were  delivered  to 
Andrew  Russell  to  keep  them  in  close  prison  because  the  letters  of 
caution  expire  this  day. 

July  roth. — The  Councill  considering  that  the  highway  leading  to 
this  burgh  from  the  south  through  the  middle  of  the  Cattaills  and 
through  the  Moss  Wynd  to  the  School  port  is  much  spoilt  with  the 
late  rains  and  often  impassable  by  horses  and  carts  to  the  prejudice  of 
the  town  and  burgesses  do  ordain  the  said  road  to  be  amended  and 
made  up  with  gravell,  stones,  whins  or  other  materialls  necessarie  and 
for  that  end  appoints  the  whole  inhabitants  who  have  cart  horses  to 
attend  and  assist  at  the  said  work  as  they  shall  be  warned  with  their 
horses  and  carts  or  sleds  under  penalty  of  half  a  crown  ilk  absent. 

December  4th. — It  being  proposed  by  the  Magistrals  that  they  had 
ordered  their  representative  in  parliament  in  name  of  the  Town  Council 
to  apply  for  an  Act  of  Parliament  for  two  pennies  Scots  upon  ilk  Scots 
pint  of  ale  brown,  vented  and  sold  in  publick  houses  in  Elgin  in  taverns 
and  alehouses  for  sale  for  the  space  of  nynteen  years  to  be  applied  for 
building  an  east  pear  at  Lossiemouth  and  compleiting  the  pear  on  the 
west  side  therof,  mending  the  highways  leading  from  Elgin  to  the  said 
harbour,  repairing  the  church  and  steeple  of  Elgin  and  paying  the  town's 
publick  debts.  The  majoritie  of  the  Councill  impower  the  magistrates  to 
prosecute  said  affair. 


1722. 

February  5th. — Additions  to  the  Alphabet  of  Pettie  Customs  :  Each 
horse  pack  of  roll  tabacco  to  pay  IDS.  Sc.  of  custom  and  each  transient 
roll  of  tabacco  8d.  Sc.  &c. 

February  igth. — £27  Stg.  to  be  paid  to  James  Brown,  clockmaker, 
for  the  tolbooth  clock,  it  being  well  going  and  an  eight  days'  clock. 


1722.]  TOWN   COUNCIL   MINUTES.  409 

March  26th. — The  vault  under  the  Little  Kirk  sett  for  three  years  at 
the  yearly  rent  of  £g  133.  46.  Sc.  The  vault  in  the  laigh  tolbooth  called 
the  Pitt  sett  for  three  years  for  the  yearly  rent  of  £4  33.  4d.  Sc. 

Inhibition  to  be  sent  for  against  the  Laird  of  Westfield  for  the  debt 
he  owes  to  the  poor  of  Elgin  mortified  by  Alexander  Dick. 

May  3rd. — Peter  Russell,  writer,  elected  Collector  of  the  duty  of  2d. 
Sc.  allowed  by  Act  of  Parliament  in  favour  of  this  burgh  on  ilk  Scots 
pint  of  ale  or  beer  brown,  brought  in  or  vended  for  sale  within  the  town 
of  Elgin.  He  is  allowed  £20  Stg.  of  salary  for  the  first  year,  £1$  for 
the  two  following  years. 

[Copy  of  the  foresaid  Act  of  Parliament  here  recorded.] 

"  Whereas  the  town  of  Elgin  in  the  County  of  Elgin  and  Forres  in 
that  part  of  Great  Brittain  called  Scotland  is  a  very  ancient  burgh  and 
now  labours  under  the  burden  of  large  debts  which  have  been  very 
much  increased  by  the  contributions  and  other  extraordinary  charges 
and  expences  the  inhabitants  thereof  were  put  to  during  the  late 
unnatural  rebellion  by  means  whereof  severall  publick  works  tending 
to  the  benefite  of  the  said  town  remain  unfinished  and  are  out  of  repair 
which  debts  the  said  inhabitants  are  unable  to  discharge  or  to  compleat 
the  said  publick  works  for  want  of  any  sufficient  revenue  for  that  purpose 
and  whereas  the  banks  of  the  water  of  Lossie  are  insufficient  and  the 
channell  of  the  said  river  is  filled  with  sand  which  occasions  it  to  over- 
flow its  banks  to  the  great  prejudice  of  the  neighbourhood  and  the 
harbour  of  Lossie  belonging  to  the  said  town  and  lying  at  ane  small 
distance  from  it  being  in  a  very  ruinous  and  decayed  condition  which  if 
not  repaired  will  be  to  the  manifest  prejudice  of  all  persons  trading  in 
the  Murray  Firth  as  well  as  to  the  said  town  and  whereas  the  publick 
stock  of  the  said  town  is  so  very  small  that  the  inhabitants  are  rendred 
altogether  unable  to  carry  on,  compleat  and  maintain  the  necessary 
works  aforsaid  without  some  other  provision  be  made  for  that  purpose. 
To  the  aide  thereof  that  the  debts  of  same  Toun  be  paid  and  discharged 
and  the  publick  works  thereof  finished  and  compleated,  That  the  banks 
of  the  river  of  Lossie  may  be  repaired  and  made  suficent  and  the  chanell 
cleared  of  sand  or  gravell  so  as  it  may  not  overflow  the  banks  or  return 
up  the  run  of  the  Loch  of  Spynie  and  that  the  said  Harbour  of  Lossie 
may  be  inlarged,  improved  and  repaired  so  as  that  the  samen  may  be 
made  fitt  and  commodious  for  navigation  and  trade  and  for  the  common 

C  2 


410  RECORDS  OF  ELGIN.  [1722. 

good  and  benefit  of  the  said  toun  and  other  persons  tradeing  thereto 
Be  it  enacted  .  .  .  that  from  and  after  the  five  and  twentieth 
day  of  March,  IM.  VIIC.  and  twentie  two  years  for  the  terme  of  ninteen 
years  .  .  .  their  shall  be  layd  ane  imposition  or  duty  of  two  penies 
Scots  or  the  sixth  part  of  ane  penny  starling  (over  and  above  the  dutty 
of  excyze)  upon  evry  Scots  pint  of  ale  and  beer  that  shall  be  for  sale 
either  brewed,  brought  in,  vended  or  tapped  within  the  said  toun  or 
priviledges  thereof  .  .  .  payable  by  the  brewers,  sellers  and  tapsters 
...  to  the  Majastrats  and  Town  Council  .  .  ."  * 

June  25th. — Robert  Innes,  late  provost,  is  elected  to  represent  the 
Burgh  at  the  ensuing  Convention  of  Burrows  and  allowes  him  the 
ordinarie  and  former  fees  from  the  down  sitting  of  the  Convention  to  the 
upriseing  therof  and  allowance  for  four  days  outgoeing  and  four  days 
homecoming  with  the  ordinarie  horse  hyre  south  and  north. 

The  Council,  considering  the  process  raised  against  them  in  the  Court 
of  Session  by  Robert  Rhind,  wright  in  Elgin  and  his  adherents  is 
malicious,  resolve  that  the  charges  be  born  upon  the  Town. 

'Among  the  town's  records  is  "A  Register  and  Record  of  the  Proceedings  of  the 
Majastrates  of  Elgin  and  of  the  Gentlemen  overseers  of  ane  Dutie  of  Two  Pennies  on  the 
Pint  Ale  granted  by  Act  of  Parliament  To  the  Burgh  of  Elgin  for  Nineteen  Years  space  begining 
the  25  of  March,  1722  years." 

The  Town  Council  of  Elgin  were  appointed  Trustees  to  expend  the  money  collected  and  the 
following  were  appointed  Overseers  to  meet  on  the  first  Monday  of  August  annually  to  examine 
the  accounts  of  income  and  expenditure  :  Alexander  Brodie  of  Brodie,  Sir  Robert  Gordon, 
Bart.,  Sir  Henry  Innes,  Bart.,  Joseph  Brodie  of  Milntown,  Robert  Urquhart  of  Burdsyards, 
James  Brodie  of  Whitehill,  Colonel  William  Grant,  Alexander  Cuming  of  Rosehill  with  the 
Parliamentary  representatives  of  the  county  and  burgh.  Peter  Russell,  writer,  was  Collector 
for  the  first  three  years,  Thomas  Sinclair  for  the  second  three  years  and  then  Thomas  Purse  was 
appointed.  The  Collector's  salary  began  in  1722  with  £20  but  fell  to  £8  55.  in  1728.  The  Over- 
seers began  their  work  with  energy.  On  I2th  September,  1723,  they  met  and  called  upon  the 
Magistrates  to  submit  an  exact  statement  of  their  debts  prior  to  the  passing  of  the  Act.  Next 
day  the  Collector  and  his  cautioners  not  appearing  at  the  meeting  the  Overseers  fined  Peter 
Russell  £10  Sc.  and  ordained  him  to  be  imprisoned  till  payment  be  made.  They  find  that 
Peter  Russell  has  embezzled  or  unaccounted  for  £17  us.  6d  Slg.  and  other  sums  and  order  these 
to  be  paid.  Three  weeks  later  the  Collector's  cautioners  are  imprisoned.  They  petition  for 
release  and  are  freed  for  a  few  days  in  order  that  they  may  confer  with  the  brewers.  No  meeting 
is  recorded  from  1723  to  1729.  At  a  meeting  of  Overseers  held  on  2gth  October,  1729,  the 
Magistrates  petitioned  the  Overseers  to  adjust  the  accounts  for  the  previous  seven  years.  The 
income  for  these  seven  years  was  found  to  amount  to  ^783  Stg.  The  meeting  allow  Alexander 
Gordon  of  Dykeside's  account  for  repairing  Cay's  bridge  on  the  way  from  Elgin  to  Lossiemouth 
which  became  ruinous  in  1724,  they  also  pass  an  account  of  £y)  los.  9d.  for  repair  of  the 
Beadhouse  and  £10$  75.  Stg.  being  debt  due  to  Pitullie's  Mortification  and  400  merks  due 
to  Dunkintie  for  casting  the  Kirk  Bell.  Other  sums  allowed  were  £13  6s.  9d.  to  William  King 
of  Newmiln  due  his  father  per  decreet  arbitral,  ^38  35.  to  Bailie  Anderson  for  Tolbooth  bell 
and  balance  due  on  School  acre,  £59  145.  due  to  the  poor  of  the  parish  of  Spynie,  £2$  due  to 
Thunderton,  £fy  los.  to  James  Chalmers  due  by  decreet  before  the  Lords  and  ^50  for  repair  of 
the  bridge  of  Lossie.  The  income  for  the  eighth  and  ninth  years—  .£82  and  ^72 — was  applied 
chiefly  to  Lossiemouth  harbour. 


1722.]  tOWN   COUNCIL   MINUTES.  411 

James  Fenton,  baillie,  presented  a  recept  from  James  Anderson 
shiriff  depute  of  Murray  for  the  body  of  Robert  Farquhar,  sometym  in 
Ricketlone,  now  in  Dunkinty,  who  was  transported  from  the  prison  of  Elgin 
to  Edinburgh  by  virtue  of  His  Majesties  advocats  warrand  for  forgerie. 

Commissioner's  fees  to  the  Borrows  fitted.  The  Convention  haveing 
sitten  sevin  dayes  and  four  dayes  out  and  als  many  in,  being  allowed  at 
a  crown  per  diem  with  twentie  punds  of  horse  hyre  amounts  in  haill  to 
sixtie  fyve  punds  Scotts  money. 

[Copy  of  the  sett  of  the  town  of  Elgin  here  entered  in  full  with  copy 
of  the  ratification  by  the  Convention  of  the  sett,  of  date  8th  July,  1706.] 

October  8th. — The  Council!  appoints  the  Baillies  to  go  each  through 
one  quarter  of  the  town  and  to  make  a  search  for  lint  that  may  be  found 
in  fire  houses  and  to  confiscat  the  same  and  ordains  them  to  make  up 
exact  lists  of  all  the  inhabitants  in  the  four  severall  quarters  of  the  town 
and  ordains  the  inhabitants  for  the  preservation  of  the  peace  of  the  town, 
preventing  fire,  thefts  &c.  to  keep  guard  within  the  tolbooth  from  nyne  at 
night  till  four  in  the  morning  from  this  day  till  the  Councill  discharge  the 
same  at  the  number  of  twenty  men  for  ilk  guard  under  penaltie  of  30$. 
Sc.  for  ilk  guard  and  impowers  the  magistrats  to  name  the  captains  of 
the  severall  guards. 

November  5th. — Shutting  acres,  belonging  to  Darklen's  Mortification 
set  for  three  years  for  £83  IDS.  Sc.  yearly  to  William  Forsyth,  glasier. 
Lyper  land,  belonging  to  Pitullie's  Mortification,  set  for  three  years  to 
William  Shiell,  surgeon,  for  ,£80  6s.  8d.  Sc.  yearly. 

December  i/th. — The  brass  weather  cock  that  stood  upon  the  head 
of  the  pyramid  of  the  tolbooth  rouped  for  73.  6d.  Sc.  per  Ib.  weight.  It 
weighs  57  Ib. 

James  Cuming  and  James  Nicoll,  town's  officers,  having  malverscd  in 
their  office  by  suffering  without  any  resistance  Thomas  Tulloch,  apothe- 
cary apprentice,  who  was  convict  of  a  notorious  ryot  and  affront  done  to 
Robert  Innes,  late  provost,  to  escape  out  of  prison  after  sentence,  the 
Council  degrade  and  remove  them  from  office  and  ordains  the  town's 
livery  coat  to  be  taken  from  them. 

The  horse  post  office  set  for  £20  los.  Sc.  for  one  year. 


412  RECORDS  OF   ELGIN.  [l723- 


I723- 

January  7th. — The  bow  bridge  upon  Lossie  bewest  the  town  being  in 
some  part  like  to  faill  the  magistrates  are  to  inspect  it  and  report. 

March  25th. — Herding  of  Cattle.  Intimation  to  be  made  this  day  by 
tuck  of  drum  to  all  the  inhabitants  to  keep  of  ther  beasts  from  eating 
grass  or  corn,  under  the  penalty  mentioned  in  the  town's  statutes. 

April  29th. — Robert  Innes,  late  provost,  appointed  as  Commissioner 
from  this  burgh  to  visit  the  state  and  condition  of  the  burgh  of  Inverness 
along  with  Commissioners  from  Forres  and  Nairn,  in  terms  of  Act  of 
Convention  of  the  Royall  Burrows  in  July,  1721,  and  the  Councill  allowes 
the  said  Robert  Innes  the  ordinarie  Commissioner  fees  used  in  the  like 
cases  with  the  ordinary  horse  hyre  from  this  to  Inverness  and  back  again. 

May  6th. — Mr.  Wm.  Shepherd,  master  of  the  Grammar  School 
demits  office.  The  Councill  appoint  the  clerk  to  write  a  letter  to  the 
town's  agent  at  Edinburgh  to  cause  publish  in  the  Edinburgh  Courant 
that  the  Grammar  School  of  this  burgh  is  vaccant  and  to  advertise  all 
persons  that  are  qualefied  for  such  an  office  to  repair  to  this  burgh  again 
the  25th  day  of  June  in  order  to  undergoe  a  tryall  and  compet  for  the 
said  Grammar  School  wher  they  will  sett  ane  competent  salary  and  other 
encouradgments  to  be  insert  in  the  Agent's  letter. 

June  1 7th. — The  Councill  considering  that  David  Cuthbert,  merchant 
in  Portsoy,  is  prisoner  in  the  tolbooth  of  this  burgh  on  a  caption  at 
Drumuir's  instance  and  arrested  at  Lachlan  McKintosh,  merchant  in 
Inverness,  instance  for  debts  Do  ordain  that  each  night  at  nyne  o'clock 
the  key  of  the  prison  where  the  said  David  Cuthbert  is  be  given  by  the 
town  officers  to  one  of  the  town  Councill  and  the  door  then  to  be  lockt 
nightly  and  the  key  kept  by  a  Councillor  till  next  morning  at  eight. 
Baillie  Lyon  is  to  keep  the  key  for  this  week. 

June  26th. — After  public  examination  of  three  candidates  the  presbi- 
trie  recommend  Mr.  John  Porteous  as  the  most  qualified  man  and  therfore 
the  Councill  admitt  him  as  master  of  the  Grammar  School,  to  serve  for 
three  years,  and  do  intitle  him  to  the  sum  of  £1 10  Sc.  as  sallary  yearly 
with  the  rooms  above  the  school  and  his  school  fee  to  be  a  merk  Scotts 
for  ilk  town's  child  and  the  double  for  ilk  country  scholar  quarterly  with 
the  ordinarye  casualities  used  and  wont. 


I723-]  TOWN   COUNCIL  MINUTES.  413 

July  22nd. — The  magistrats  have  bought  from  James  Robertson, 
merchant,  ane  new  fine  velvet  mortcloath  consisting  of  nine  elns  and  ane 
quarter  for  £g  I2s.  Stg. 

Upon  a  petition  from  William  Sheills,  tacksman  of  the  town's  pettie 
customes  the  Councill  doe  order  the  thesaurer  to  give  him  ane  stand  of 
Dutch  iron  weights  and  a  fruit  peck  for  the  use  of  the  mercat. 

The  mosses  of  Strathcant  and  Glassgreen  to  be  visited  this  week  by 
the  magistrates  and  burgesses. 

August  5th. — James  Anderson,  who  professes  the  trade  of  a  brazier 
(which  is  very  much  wanted  in  this  place)  being  recommended  by  worthic 
gentlemen  for  a  settlement  in  the  town  for  practising  the  said  trade  the 
Councill  do  receive  him  as  burges  and  freeman  of  this  burgh  gratis  for 
his  encouragement  to  live  and  work  therin  at  said  trade. 

September  2nd. — The  Council  did  enter  and  receive  John  Duff 
merchant  burges  of  Elgin  as  their  vassal  in  ane  auchten  part  of  the 
Greiship  land  formerly  belonging  to  Andrew  Ogilvie  and  disponed  by  his 
son  John  Ogilvie  to  John  Duff. 

October  7th. — A  comitee  appointed  to  view  what  incroachments  the 
deceast  Robert  M'Kain  and  John  M'Kai.n,  his  sone,  have  made  upon  the 
grass  of  the  Gallow  Hill  since  it  appears  by  an  Act  of  Council  dated 
22nd  June,  1696,  that  that  grass  belongs  in  property  to  the  town  and  was 
sett  at  the  forsaid  tyme  to  the  deceast  Baillie  John  Donaldson  for  three 
years  at  half  a  merk  yearly  rent  and  to  report.  James  M'Kain,  merchant, 
being  chosen  by  the  Council  a  stenter  of  cess  of  this  burgh  for  the 
ensueing  year  and  he  refusing  to  accept  or  even  give  his  oath  de  fideli  is 
fyned  by  the  Council  for  his  willfull  disobedience  in  the  sum  of  ten 
punds  Scotts. 

October  I4th. — As  the  grass  of  the  Gallowhill  is  found  to  belong  to 
the  common  good  John  McKean  is  to  be  warned  from  said  possession 
and  to  be  pursued  for  the  bygone  maills. 

October  2ist. — James  Anderson,  a  Councillor  and  Baillie  chosen  for 
the  ensueing  year  qualified  himself  by  swearing  the  oaths  of  Alleadgeance 
and  Abjuration  and  subscriving  the  same  with  the  Assurance. 

Ludovick  Brodie,  writter  to  the  Signet,  and  lately  the  town's  Agent, 
presented  an  accompt  due  by  the  town  to  them,  partly  for  the  town's  own 
affairs  and  partly  for  prosecuteing  the  poor's  mortification  of  1000  punds 
Scotts  made  by  John  Innes  of  Darkland  out  of  the  wadsett  of  Darkland 


414  RECORDS  OF  ELGIN.  [1724. 

to  the  poor  of  Elgin,  Birney  and  Longbryde.  Ane  comitee  appointed 
thereanent. 

Baillie  Cramond  delivered  the  keyes  of  the  prison  wher  David 
Cuthbert  lyes  to  Robert  Duff,  baillie,  to  be  keeped  be  him  to  the  nixt 
Councill.  [Cuthbert  seems  to  have  been  reapprehended  for  under  same 
date  the  following  entry  occurs.]  The  Councill  appoint  the  Magistrates 
to  cause  apprehend  James  Morgan,  lately  one  of  the  town's  officers,  for 
his  being  accessorie  to  the  escape  of  David  Cuthbert  out  of  prison,  in 
order  to  a  tryall.  [Cuthbert  was  still  in  prison  on  nth  November,  but 
seems  to  have  been  liberated  by  24th  December.]  James  Cuming 
re-admitted  one  of  the  town's  officers  on  beging  the  magistrats  and 
councills  pardon. 

December  gth. — The  town  is  due  the  provost  as  Commissioner  to  last 
Convention  of  burrows  amounting  to  27  days  from  the  day  he  sett  out 
from  Elgin  to  the  day  he  returned  inde  ther  is  due  to  him  £81  Sc.  of 
Commissioner  fees  with  £20  Sc.  of  horse  hyre,  south  and  north,  with 
which  accompt  the  councill  is  satisfied. 

December  i6th. — Thomas  Purse,  collector  of  the  penalties  for  im- 
moralities, his  charge  amounts  to  £96  and  discharge  £94  195.  4d.  Sc. 
(being  sums  paid  to  Session  clerk,  town  and  kirk  officers  for  salaries). 

December  23rd. — The  Councill,  considering  that  the  Shiriff  of 
Murray  and  his  deputts  have  incrotched  upon  the  toun's  priviledges 
and  jurisdiction  by  fynning  severall  of  ther  burgesses  for  ryotts  and 
judgeing  other  civill  actions  contrair  to  the  touns  authority  and  rights 
wherein  the  toun  is  invested  therfore  they  appoint  the  magistrats  to 
search  the  cadgett  and  get  some  of  the  former  hornings  raised  against 
the  former  Shiriffs  founded  upon  the  touns  decrcet  anno  1540  and  renew 
the  same  against  the  present  Shiriffs  and  ther  deputts  in  order  to 
preserve  the  toun's  jurisdiction  and  priviledges. 


1724. 

February  3rd. — A  new  horning  has  been  raised  against  the  Sheriff  of 
Murray  and  his  deputs. 

March  i6th. — The  Councill  resolves  that  the  moneys  presently  in  the 
treasurer's  hands  and  what  may  arise  again  Whitesunday  nixt  of  the 


1724.]  TOWN   COUNCIL   MINUTES.  415 

duty  upon  the  two  pennies  of  the  pynt  ale  be  applyed  for  payment  of 
the  mortified  money  due  by  the  toun  to  the  poor  of  Spynie  made  by  the 
deceast  Marie  Bannerman,  Lady  Findrassie. 

The  magistrates  are  appointed  to  call  for  the  writs  and  evidents  of 
the  rood  of  land  formerlie  belonging  to  Mr.  Alexr.  Tod,  minister,  and  now 
to  the  poor  of  Pitullie's  mortification.  [Received  6th  April.] 

A  disposition  from  Issobel  Chalmer,  daughter  to  the  deceased  James 
Chalmer,  in  favours  of  the  Hospital  Master  of  one-third  part  of  a  croft 
dated  i/th  March,  1710,  put  in  the  cadgett. 

The  Councill  ratify  the  right  and  sale  of  a  seat  in  the  high  church 
sometyme  belonging  to  Kinairdy  and  therafter  to  John  Lawrie,  meason, 
and  by  him  sold  to  Robert  Leslie,  wigmaker. 

May  nth. — The  Councill,  upon  a  complaint  from  Alexander  Roust, 
master  of  the  musick  school,  upon  Elizabeth  Cheyn  for  teaching  in  a 
privat  school  vocall  and  instrumentall  musick,  do  order  the  said  privat 
school  to  be  suppressed  as  prejudicial!  to  the  publick  school. 

May  1 8th. — The  grass  of  the  Gallowhill  and  the  laboured  land  ther- 
about  sett  at  405.  Sc.  of  yearly  rent.  The  School  acre  sett  for  £24.  6s.  8d. 
Sc.  The  Shambles  sett  for  a  year  for  £3 1  Sc. 

May  25th. — The  Councill  considering  that  there  are  frequently  some 
of  the  King's  troops  lying  in  garrison  here  wherby  the  toun's  drummer  is 
superseded  in  his  beating  morning  and  evening  as  usuall  do  therfor  for 
hereafter  restrict  the  drummer's  salarie  to  £16  Sc.  per  annum  and  so 
proportionallie  for  any  space  any  of  the  armie  be  quartered  in  this  town. 

June  1 2th. — The  treasurer  out  of  his  intromissions  with  the  two 
pennies  upon  the  pint  ale  imposed  be  act  of  parliament  in  favour  of  this 
burgh  pays  the  Lady  Findrasie  mortification  of  1000  merks  to  the 
patrons — Ludovick  Dunbar  of  Westfield,  John  Leslie  of  Findrasie  and 
John  Dunbar  of  Burgie,  heritor  of  the  lands  of  Bishopmiln,  said  sum 
resting  be  the  town  conform  to  bond  28th  May,  1707. 

The  provost  delivered  to  the  thesaurer  ane  pass  key  that  opens  three 
doors  in  the  Tolbooth  which  was  formerly  made  for  the  convenience  of 
Mr.  Brown,  clockmaker,  when  he  was  building  the  tolbooth  clock. 

July  6th. — The  Councill  ordor  that  the  highway  that  leads  through 
the  Cattaills,  which  presently  is  impasible  be  amended  and  filled  up  with 
whins  and  gravell  and  that  all  the  inhabitants  of  the  burgh  who  have 
working  horses  furnish  their  horses  and  men  for  one  yoaking  at  the  said 
work  under  penalty  of  I2s.  Sc.  for  ilk  absent  horse. 


416  RECORDS  OF   ELGIN.  [1724. 

Intimation  to  be  made  by  tuck  of  drum  that  the  burgesses  and  other 
inhabitants  attend  the  Magistrates  upon  Thursday  next  be  ten  aclock 
forenoon  for  ryding  of  the  toun's  marches. 

July  24th. — Ther  being  several!  complaints  made  to  the  Councill  that 
ther  are  many  inhabitants  have  swine  that  eat  and  goe  throw  the  corns 
and  that  ther  are  some  persons  who  make  high  roads  through  the  cornes 
and  that  there  are  several!  children  and  others  break  yards  and  take 
away  fruit  and  break  the  trees  contrar  to  the  I7th  statute  of  this  Burgh, 
therfore  the  Councill  appoint  the  said  statute  to  be  published  this  day  be 
tuck  of  drum  and  that  the  contravecners  be  punished  in  the  termes  of  the 
said  statute. 

The  Councill  appoint  John  Ogilvie,  messenger,  immediately  to  goe 
and  apprehend  and  imprison  the  persons  of  Peter  Russell  and  his 
cautioners  upon  the  caption  at  the  Thesaurcr's  instance  against  them 
for  the  two  pennies  upon  the  pynt  ale. 

August  3rd. — John  Shearer,  cautioner  for  Peter  Russell,  collector,  is 
liberated  on  his  petition  till  8th  September. 

November  pth. — Upon  a  petition  from  Mr.  John  Porteous,  master  of 
the  Grammar  School  craveing  a  Doctor  to  assist  him  in  teaching  his 
scholars  since  by  their  number  and  his  close  attendance  he  is  not  able  to 
undergoe  the  charge.  The  Councill  allow  50  mcrks  Sc.  per  annum  to  be 
payed  out  of  the  comon  good  to  be  payed  at  the  Councill's  pleasure  only 
and  that  the  Doctor  be  such  as  the  Magistrals  present  and  be  pleased 
with  and  that  the  said  sallary  be  not  payed  but  when  the  scholars 
exceed  the  number  of  sixty  and  upwards. 

November  23rd. — Ther  was  a  proposal!  made  that  Harie  Innes 
second  laufull  son  of  the  deceast  Colin  Innes,  merchant  in  Elgin,  should 
be  nominat  Doctor  of  the  Grammar  School.  The  Councill  ordains  the 
said  Harie  Innes  to  undergo  a  tryall  of  his  qualifications  for  that  post 
befor  the  presbytrie  of  Elgin. 

The  sum  of  £14  i6s.  Sc.  is  payed  out  of  Pitulie's  mortification  for  a 
board  of  record  of  the  mortification  said  board  with  gilded  letters  to  be 
hung  up  in  the  church  above  the  merchant  loft  in  memory  of  William 
Cuming  of  Pituly  for  his  mortification  to  the  gildrie. 

The  cautioners  for  Peter  Russell,  collector  of  the  two  pennies  grant 
bond  for  £89  175.  lod.  Stg.  as  balance  due  to  the  town  by  him. 

Peter  Russell  lies  in  prison.     He  remained  there  till  15  Feb.  at  least. 


!|B,i*m 


1725.]  TOWN   COUNCIL   MINUTES.  417 

November  3Oth. — Haric  Innes  chosen  Doctor  of  the  Grammar 
School. 

December  I4th. — Upon  a  petition  signed  be  severall  of  the  burgesses 
of  this  town  in  favours  of  Robert  Whitingdalc,  teacher  of  Arithmetick, 
writting  and  book-holding,  craveing  some  competent  sallarie  for  his 
incouradgement  the  Council!  grant  £20  Sc.  for  one  year. 


I725- 

January  5th. — James  Chalmer,  son  of  the  deceased  George  Chalmer, 
town  clerk,  has  raised  an  action  in  the  Court  of  Session  for  £518  Sc. 
alleged  due  by  the  town  by  an  Act  of  Council  of  7th  February,  1702. 

The  Beadhouse  being  presently  in  a  ruinous  condition  and  like  to  fall 
the  Magistrates  order  it  to  be  repaired. 

Contract  for  building  and  repairing  the  mason  work  £240  Sc. 

John  Rinken,  merchant  in  Fochabers  to  supply  timber  such  as  sparrs, 
dealls  and  jeasts. 

January  25th. — The  vault  under  the  tolbooth  which  was  formerlie  the 
pitt  is  ordained  to  be  sett  in  tack  for  three  years. 

April  7th. — Act  for  preserving  the  highway  leading  to  Bishopmiln. 
The  magistrats  represented  that  the  highway  leading  from  this  burgh  on 
the  north  side  therof  to  the  foord  of  Lossie  and  the  miln  of  Bisho.pmiln 
and  at  the  north  end  of  the  vennell  called  the  Lossie  wynd  and  which 
highway  is  a  common  passadge  from  the  toun  of  Elgin  to  the  sea  port 
touns  of  Burghsea,  Causea  and  Stotfield  has  been  lately  plewed  up  and 
tilled  by  George  Innes  of  Dunkenty  his  sones  and  servants  wherby  the 
said  high  road  is  inteerly  stoped  and  therby  the  communication  of  this 
burgh  and  the  northern  parts  of  the  countrie  cutt  of,  That  the  saids 
magistrats  had  made  ane  civill  interuption  to  the  said  nottorius  incroach- 
ment  upon  the  fyfth  instant  and  that  since  the  said  interruption  the  said 
George  Innes  had  caused  cast  fussees  and  wett  ditches  at  the  south  and 
north  ends  of  the  said  highway  wherby  the  said  highway  was  rendered 
inteerly  useles  for  any  maner  of  passadge  either  of  horse  or  men,  And 
desired  the  toun  Councill  to  provide  a  remedy  and  reddress  for  the  said 
incroachment.  The  toun  Councill  haveing  deliberatly  considered  the 
above  representation  with  the  i56th  Act  of  the  I2th  Parliament  of  King 

D  2 


418  RECORDS  OF  ELGIN. 

James  the  6th  intituled  ane  act  anent  the  passages  to  free  Burrows  as 
also  ane  clause  in  the  charter  granted  by  King  Charles  I.  to  the  toun  of 
Elgin  whcrby  the  King  gives  to  them  the  priviledge  of  preserving  all  the 
highwayes  and  passadges  leading  to  and  from  this  burgh  inteer  in  ther 
breadth  and  to  preserve  them  from  being  distroyed  and  deminished,  Doe 
unanimously  resolve  and  agree  that  the  stopage  of  the  said  high  way  be 
the-said  George  Innes  is  ane  nottorious  incroachment  upon  the  priviledges 
of  this  burgh  and  that  the  magistrals  shall  furthwith  cause  beat  a  bank  by 
tuck  of  drum  through  the  toun  commanding  all  the  burgesses  to  be  aiding 
and  assisting  in  filling  up  the  said  fussees  and  make  the  said  high  way 
passable  and  patent  as  the  same  has  been  these  fourty  years  and  upwards 
as  farr  back  as  the  oldest  man  liveing  in  this  burgh  doth  mynd,  as  also 
the  magistrals  are  impowered  to  raise  letters  of  horning  upon  the  fore- 
cited  Act  of  Parliament  against  the  said  George  Innes  for  the  said 
incroachment. 

April  1 2th. — Upon  ane  petition  given  in  by  Alexander  Dick,  deacon 
of  the  Incorporation  of  Glovers  touching  the  saids  Glovers  and  the  other 
burgesses  ther  haweing  right  and  priviledge  to  dry  ther  skins,  wool  and 
cloaths  upon  the  green  next  adjacent  to  Burrowbriggs  at  the  west  and 
the  highway  leading  from  the  burgh  of  Elgin  to  Bishopmiln  at  the  east, 
which  being  considered  by  the  Council!  they  appoint  John  Sutherland  of 
Greenhall  to  gett  a  double  of  said  petition  and  to  see  and  answer  against 
the  nixt  Council!  day. 

May  loth. — The  Council!  appoints  the  magistrals  to  search  the  toun's 
cadget  anent  the  touns  right  and  priviledges  in  the  white  fishing  catched 
and  brought  in  to  the  harbours  of  Burghsea,  Causea  and  the  Stotfield 
and  other  ports  betwixl  Spey  and  Findhorne  because  the  fish  mercat  in 
this  toun  is  much  deminished. 

The  Council!  find  that  Greenhall  has  not  produced  a  sufficient  right 
to  the  Green  next  the  lands  of  Burrowbriggs  and  authorise  the  petitioners 
and  all  other  burgesses  of  Elgin  to  possess  the  said  Green  as  they  have 
been  in  use  and  wont  these  many  years  past  memorie  of  man. 

Stated  accompt  betwixt  the  Poor  of  the  Parochins  of  Elgin,  Long- 
bride  and  Birney  upon  Darklen's  Mortification  of  the  toun  of  Darklin 
and  the  patrons  of  the  same  from  1714  to  1724.  [Here  stated  in  detail.] 

The  Councill  allow  Robert  Gordon,  merchant,  to  cast  peatts  in  the 
moss  of  Mostowie  for  his  families  use  allenarly. 


I725-]  TOWN   COUNCIL  MINUTES.  419 

The  instrument  taken  against  Dunkinty  for  incroaching  upon  the 
highway  is  duly  registrat  in  Edinburgh. 

June  7th. — The  Councill  considering  that  all  ther  number  are  charged 
befor  the  Lords  of  Session  in  an  action  of  declarator  of  property, 
molestation  and  damnages  at  the  instance  of  John  Sutherland  of  Green- 
hall  and  John  Sutherland  his  eldest  son  anent  the  Green  next  Burrow- 
brigs  they  doe  appoint  that  one  of  the  sumondses  be  sent  immediatly  of 
to  the  Toun's  Agent  to  make  the  toun's  defence  in  vindication  of  ther 
property  and  possession  and  that  the  defence  of  that  action  be  upon  the 
publict  charge'  and  the  Magistrats  call  a  Head  Court  and  desire  the 
concurrence  of  the  burgesses  and  that  if  the  common  good  should  fall 
short  in  defraying  the  expence  of  the  defence  of  this  action  that  ane 
proposal  be  made  to  the  burgesses  that  they  meet  and  stent  themselves 
to  make  up  the  said  expence.  Also  that  the  Councill  raise  a  process 
against  Greenhall  for  non-entrie  of  ane  aughten  part  of  the  Greeshop 
lands  of  Elgin  and  the  lands  of  Blackfrierhaugh,  which  formerly  belonged 
to  Sir  James  Calder  of  Muirtoun  and  now  to  Greenhall  and  which  lands 
since  the  deceast  Sir  James  Calder's  death  which  was  in  the  year  1713 
have  been  in  nonentrie  and  hold  few  of  the  toun. 

June  2ist. — Upon  a  petition  from  William  Innes,  son  to  James  Inncs 
of  Cotts  the  Councill  out  of  favour  to  him  grant  him  liberty  for  his 
proper  use  to  win,  lead  and  away  take  lyme  stone  furth  of  the  muirs 
upon  the  south  side  of  Cattaills  belonging  to  the  toun  for  this  present 
year  to  the  number  of  forty  or  fifty  loads. 

June  28th. — James  Watson,  tacksman  of  the  sclait  quarries  of  Fin- 
drassie,  agrees  to  furnish  alse  many  good  and  sufficient  sclait  as  the 
Beadhouse  should  need  to  thatch  the  same  for  78  punds  Scotts.  William 
Allan,  sclaiter  in  the  college  of  Elgin,  agrees  to  thatch  the  toun's 
Beadhouse  with  sclait  for  five  pounds  Starling,  the  toun  furnishing  pinn 
timber,  sclait  naill,  fog  and  other  materialls. 

September  2oth. — Report  of  ane  Head  Court.  The  Magistrats 
reported  that  upon  Tuesday  last  the  I4th  instant,  being  the  second 
Tuesday  of  this  moneth  in  the  termes  of  the  sett  they  held  a  Head 
Court  wherin  were  exposed  the  thesaurer  and  hospitall  master  accompts 
with  the  instructions  of  the  intromissions  with  the  comon  good  and 
mortified  lands  and  rents  since  Michaelmas  last  untill  the  forsaid  day 
they  haveing  been  lodged  in  the  clerk's  hands  twentie  dayes  preceeding 


42O  RECORDS  OF  ELGIN. 

and  advertisement  made  therof  to  the  burgesses  and  that  none  of  them 
objected  against  the  saids  accompts,  instructions  therof  or  the  magistrals 
and  Town  Councill's  administration  of  the  same. 

October  nth. — Regulators  of  prices  in  the  mercnts.  The  Council! 
considering  that  the  prices  of  fyring,  fewell,  fish,  flesh  and  other  vivers 
are  latelie  arisen  to  an  exorbitant  hight  to  the  great  extortion  of  the 
inhabitants  do  therfor  constitut  and  appoint  James  Cramond  and  John 
Dunbar,  baillies,  overseers  of  the  mercats  within  this  burgh  with  power 
to  them  to  sett  reasonable  rates  on  all  fewell,  fyring,  fish,  flesh  and  other 
vivers  and  this  to  endure  till  the  1st  of  November  nixt. 

The  Councill  considering  that  John  Innes  of  Darklen  did  by  a  deed 
of  mortification  anno  1698  leave  upon  his  lands  of  Darklen  ane  sum  of 
1000  merks  Scots  to  the  poor  of  Elgin  toun  and  parish  and  to  the  poor 
of  Birney  and  Longbride  parishes  equallie  betwixt  them  400  merks  of 
stock  the  annual  rents  whereof  were  to  be  annually  distributed  as  also  by 
the  same  deed  he  left  on  said  lands  100  merks  to  be  given  the  poor  at  his 
buriall  which  not  being  done  nor  the  annual  rents  of  the  whole  stock 
recovered  from  Mcrtimas  1714  to  Mcrtimes  1724  by  reason  of  a  plea 
which  arose  betwixt  Dunkintie  as  heir  to  Darklen  and  the  patrons  of  said 
mortification  which  being  decided  by  the  Lords  of  Session  in  favours  of 
the  poor  several  sums  have  been  recovered  out  of  the  rents  of  Darklen. 

November  8th. — The  Councill  appoint  the  magistrals  to  goe  to  the 
toun's  cadgetl  and  lake  oul  ther  charter  under  the  great  seall  and  the 
seasine  following  theron  and  send  soulh  wilh  Ihe  firsl  convenience  to  the 
toun's  agenl,  in  order  to  be  produced  in  the  actions  with  Greenhall. 

November  I5th. — Libertie  of  limes  ton  to  James  Ogilvie.  The  Councill 
upon  a  petilion  from  James  Ogilvie,  mcasson,  allow  him  lo  win  and  lead 
away  ane  hundred  load  of  lym  slonc  oul  of  Ihe  loun's  muirs  for  the  use 
of  his  lands  of  Easter  Pcttinsear. 

November  22nd. — The  Councill  ralifics  Ihe  payment  made  by  order 
of  the  magistrates  to  Mr.  Archibald  Dunbar  of  Thundertoun,  late  provost, 
of  £30°  Sc.  due  by  the  toun  to  him  for  commissioner  fees  and  expences 
at  three  convcnlions  of  borrows  stated  as  a  debt  on  the  toun  by  act  of 
Councill  27th  August,  1716,  and  the  said  money  was  paid  out  of  the 
duty  of  the  two  pennies,  being  the  same  was  an  old  debt. 

December  I4th. — The  sum  of  £52  Sc.  paid  as  part  of  the  price  of  the 
sclates  for  the  beadhouse  out  of  the  fund  of  the  two  pennies. 


1726.]  TOWN   COUNCIL  MINUTES.  421 

December  2Oth. — Assignation  made  this  day  in  the  magistrats'  hands 
of  the  toun  and  lands  of  Overmanbeens  made  in  favours  of  Mr.  James 
Allan,  late  minister  at  Rothes,  disponed  to  him  by  the  deceased  James 
Spens,  writer  in  Edinburgh. 

I  726. 

January  26th. — The  Magistrats  and  toun  councill  sign  an  address  to 
the  Honourable  the  house  of  Commons  complaining  of  the  hardship  of 
the  Malt  tax.  They  also  sign  an  address  to  the  King  complaining  of  the 
officers  of  the  armie  being  named  in  the  Commission  of  the  Peace. 

Thomas  Purs,  Hospitall  master,  represented  that  he  hade  gott  a 
charge  of  horning  at  the  instance  of  Alexander  Duff  of  Drumuir  for 
ane  pretended  few  duty  of  ten  punds  Scotts  yearly  for  these  thirty  years 
past  alleadged  due  by  the  toun  for  the  Grand  or  Order  Pott,  which 
charge  the  Councill  appoint  the  said  Thomas  Purs  to  suspend. 

February  3rd. — The  Councill  considering  that  the  burrowland  lying 
upon  the  south  side  of  the  burgh  belonging  to  Robert  Innes,  merchant, 
has  been  of  a  long  tyme  past  ruinous  and  the  houses  lying  at  the  east  of 
the  toun  belonging  to  the  heirs  of  the  deceast  Alexander  Sim  are  like- 
wayes  ruinous  and  have  been  so  these  many  years,  doe  therefore  cause 
intimation  to  be  made  to  the  proprietors  of  the  saids  lands  to  repair  the 
same  within  year  and  day  with  certification  that  the  magistrats  will  sell 
the  same  at  a  publict  roup  in  the  termes  of  the  Act  of  Parliament  made 
anent  ruinous  lands  in  Burghs. 

February  8th. — The  Councill  order  the  Treasurer  to  pay  to  Baillie 
Gordon,  commissioner  for  the  toun  at  the  Convention  of  the  Royall 
Burrows  £3  145.  icd.  Star,  for  the  toun's  eques  for  the  years  1724  and 
1725,  and  .£10  153.  7d.  Star,  for  the  toun's  missive  dues  for  said  years  also 
to  pay  to  Baillie  Gordon  for  commissioner  fees  and  horse  hyre  £3 
Starling. 

May  i6th. — The  Councill  considering  that  its  a  verie  necessar  work 
to  repair  the  toun's  bow  bridge  that  stands  upon  the  watter  of  Lossie  at 
the  west  end  of  the  toun  empower  the  baillies  to  view  what  is  ruinous 
about  the  said  bridge  and  report. 

May  23rd. — Greenhall  agrees  to  arbitration  anent  the  differences  with 
the  community. 


422  RECORDS  OF   ELGIN.  [1726. 

May  3 1 st. — The  Councill  agree  to  preferr  James  Ross,  George  Ogilvie, 
William  Rhind  and  John  Ritchie,  meassons,  for  repairing  the  bridge,  the 
price  to  be  payed  out  of  the  fund  upon  the  two  pennies  of  the  pynt  of  ale. 

June  I3th. — James  Innes,  baillie,  chosen  commissioner  to  the  burrows. 
The  Councill  orders  that  it  be  ane  instruction  particularly  to  bring  a 
glassier  from  the  south. 

Letter  from  Mr.  Andrew  McGill,  Garmouth,  of  date  7th  June,  1726, 
to  the  Magistrates  containing  his  advice  anent  the  harbour  of  Lossie- 
mouth.  He  has  had  the  advice  of  Captain  James  Fall  of  Dunbar.  He 
says  the  difficulties  of  a  heavy  sea  and  unfavourable  neighbourhood 
of  immense  bulks  of  sand  are  in  great  measure  counterbalanced  by  a 
near  and  plentiful  supply  of  freestone  at  moderate  cost  and  the  possibility 
of  a  cleaning  sluice  from  the  Loch  of  Spynie.  The  neighbouring  gentle- 
men proprietors  of  that  loch  are  so  far  sensible  of  their  own  interest  in 
draining  that  large  tract  of  fine  ground  as  to  be  resolved  upon  making  it 
effectual  and  the  scheme'of  a  harbour  would  benefit  them.  He  proposes 
to  cairn  stones  in  line  on  the  east  side  of  the  water  mouth.  To  prevent 
the  seas  deepening  behind  the  Long  Cairn  it  is  advised  to  lay  several 
lines  of  creels  filled  with  beach  or  pebbles  stretching  from  the  said  cairn 
eastward  along  the  sand  some  forty  or  sixty  yards  for  gathering  the  sand 
and  raising  that  bank  the  higher  the  better  both  to  secure  the  course  of 
the  river  and  save  the  beating  of  the  sea  in  the  place  where  the  vessels 
may  lie.  He  advises  also  to  complete  and  cover  in  the  houses  now  in 
ruins  to  be  used  first  for  the  workmen  and  then  for  the  fishermen  when 
they  come  to  settle  there,  and  the  smoaking  houses  will  have  an  attractive 
virtue  and  promote  the  most  hopefull  branch  of  our  Trade,  viz.,  the 
fishing  of  all  kinds.  The  removing  all  the  louse  stones  on  the  west 
side  of  the  river  and  cutting  and  levelling  the  rock  that  is  under  them 
will  very  much  improve  the  channell  of  the  river  and  if  ever  a  key  is 
built  along  that  side  the  farther  back  the  better  and  the  stones  for  it  are 
easily  had  from  the  rocks  above  and  at  hand. 

July  1 8th. — Visitation  of  the  mosses  of  Mostowie  and  Wester 
Glasgrein  to  be  on  Saturday  next. 

Contract  betwixt  the  toun  and  the  measons  anent  the  reparation  of 
the  bridge  on  Lossy,  of  date  i6th  June,  1726,  here  recorded  in  full.  The 
bridge  on  the  water  of  Lossy  north  west  from  the  town  "is  presently 
rent,  decayed  and  like  to  fall."  The  masons  contracting  agree  to  take 


1727.]  TOWN  COUNCIL  MINUTES.  423 

down  the  south  side  of  the  bridge  on  both  the  east  and  west  sides,  at 
least  so  much  as  is  faulty  and  like  to  faill  from  the  arch  and  to  found  and 
rebuild  it  anew  five  foot  thick  at  the  found,  tapering  up  three  foot  to  the 
street  on  the  top  of  the  bridge  and  to  build  the  front  or  face  of  both  the 
wings  of  the  said  south  ends  of  the  said  bridge  to  the  measure  and 
extent  of  ten  or  eleven  feet  from  the  arch  and  to  pin  and  point  the  north 
side  of  the  bridge  and  make  a  sufficient  revell  of  hewen  free  stone  along 
the  east  and  west  sides  of  the  whole  bridge  where  now  defective  and  to 
place  gutter  stones  for  carrying  water  off  the  street  of  the  said  bridge  on 
both  sides  and  to  lead  stones  &c.  thcrfor  but  excluding  lyme,  lead  and 
iron.  The  whole  to  be  finished  by  3ist  December,  1726.  They  also 
agree  to  set  up  a  stone  globe  on  the  top  of  the  steeple  of  the  tolbooth 
and  to  fix  an  iron  stalk  designed  for  fixing  the  weather  cock  to  be  planted 
on  the  top  of  the  said  globe.  Contract  price  for  all  the  above  600  merks 
Sc.,  of  which  300  merks  is  instantly  paid  out  of  the  two  pennies  on  the 
pint  of  ale. 

September  27th. — Robert  Innes,  lately  provost,  being  removed  by 
death,  his  son  James  Innes  is  elected  provost. 

October  3ist. — George  Wilson,  late  thesaurer,  delivered  over  to 
Thomas  Purs,  present  thesaurer,  the  two  silver  communion  cups,  two 
dumbcrafts,  as  also  the  best  and  second  mortcloaths  and  four  mortcloaths 
for  children  and  the  keyes  of  the  clerk's  chamber  wher  the  cadget  lyes. 


1727. 

January  gth. — Warrand  granted  by  the  toun  councill  to  borrow  £1000 
Scotts  from  William  Duff  of  Bracco  seeing  that  James  Chalmer,  son  to 
the  deceased  George  Chalmer,  toun  clerk,  had  obtained  a  decreet  befor 
the  Lords  of  Session  against  the  magistrates  and  toun  councill  for  ane 
principall  sum  and  annual  rents  near  to  £1000  Sc.  founded  upon  an  act 
of  the  toun  councill  in  February,  1702. 

February  6th. — The  Councill  give  £20  Sc.  as  a  contribution  to  the 
harbour  of  Banff. 

The  Councill  haveing  receaved  repeated  complaints  against  Mr.  John 
Porteous,  master  of  the  Gramar  School  from  the  parents  of  the  children 
that  are  his  scholars  for  not  attendance  of  the  said  school  under  his 


424  RECORDS  OF   ELGIN.  [1727- 

charge  and  he  being  called  to  this  complaint  he  refused,  at  least  delayed, 
to  come,  therfore  the  Councill  declair  the  Gramar  School  of  the  said 
burgh  vaccant  after  the  first  day  of  May  next  and  immediately  therafter 
the  said  Mr.  John  Porteous  appeared  and  gave  in  ane  demission  of  his 
charge  of  the  said  Gramar  School  and  the  Councill  appoint  the  Magis- 
trates to  writt  to  Edinburgh  and  putt  in  the  advertisement  of  the  Dailly 
Courrant  that  the  Grarnar  School  of  this  burgh  is  vaccant  after  the  first 
of  May  next  and  to  invite  ane  qualified  person  to  the  said  office  upon 
promise  of  all  encouragement. 

February  2Oth. — Baillie  Anderson  on  i8th  inst.  receavedane  mittimus 
signed  be  Colonel  William  Grant  of  Ballandallach  as  ane  Justice  Peace 
of  the  shire  of  Elgin  for  receaveing  the  body  of  John  Sim,  sometyme 
merchant  in  Keith,  for  the  alleadged  crimes  mentioned  in  the  mittimus. 
The  said  John  Sim  was  receaved  prisoner  in  the  tolbooth  upon  the 
1 8th  inst. 

March  I3th. — The  room  in  the  wester  end  of  the  tolbooth  and  second 
storic  therof  to  be  made  ane  new  Councill  house.  The  magistrats  to 
contract  with  masons  therefor,  the  price  not  exceeding  200  merks. 

The  Councill  being  informed  that  severall  of  the  herittours  of  the 
Mosswards  of  Elgin  and  other  country  people  doe  make  highwayes  and 
footroads  through  the  crofts  of  Elgin  leading  to  the  saids  wards  ordain 
that  no  roads  be  made  through  said  crofts  under  the  penalty  of  five 
punds  Scotts  and  furder  wheras  the  high  way  leading  from  the  School- 
wynd  towards  the  lands  of  Cattaills  is  wasted  and  cutted  which  renders 
the  same  uneasie  for  horses  and  carriadges  the  Toun  Council  discharges 
any  person  from  cutting  or  hollowing  of  the  said  road  under  the  pain  of 
five  punds  Scotts. 

April  I7th. — Baillie  Gordon  having  returned  from  Edinburgh  pro- 
duced the  toun's  charter  under  the  great  seall  with  the  seasine  following 
theron  which  had  been  produced  in  the  proof  before  the  Lords  of  Session 
'twixt  the  toun  and  Greenhall. 

April  i/th. — The  Councill  appoint  the  Magistrates  to  commune  with 
workmen  anent  the  carrieing  of  the  stones  from  the  west  side  of  the 
harbour  of  Lossie  to  the  east  side  therof  and  cleaning  the  channell  of  the 
watter  and  the  loose  stones  therin.  The  Councill  (at  least  the  majority 
of  voices)  allowes  James  Watson,  bellman,  four  pounds  starling  for  his 
pains  in  keeping  and  dighting  the  tolbooth  and  kirk  clocks  for  these  four 
years  past. 


1727.]  TOWN   COUNCIL   MINUTES.  425 

Decreet  arbitral  betwixt  the  Magistrats  and  town  Councill  and  John 
Sutherland,  elder  and  younger  of  Greenhall :  At  Edinburgh  28th  March, 
1727.  Captain  Robert  Urquhart  of  Burdsyards  and  William  King  of 
Ncwmiln,  arbiters  for  the  town  council,  Joseph  Brodie  of  Milntown  and 
John  Ross  younger  of  Blackballs,  arbiters  for  John  Sutherland,  elder  and 
younger,  relative  to  ane  large  green  which  lyes  on  the  north  side  of  the 
burgh  of  Elgin,  opposite  to  the  vennell  or  wynd  called  Lossie  or  Carman's 
wynd,  bounded  at  the  west  with  the  inhabited  houses  of  the  lands  of 
Burrowbriggs,  at  the  east  with  the  lands  of  Harvieshaugh,  at  the  south 
with  the  old  run  of  the  water  of  Lossie,  at  the  north  and  north  west  with 
the  dam  and  damhead  of  Bishopmiln.  The  magistrals  declared  that 
they  as  superiors  of  the  lands  of  Blackfriarshaugh  and  one  aughteen  part 
of  the  Grieship  lands  were  content  to  receive  John  Sutherlands  of  Green- 
hall  as  their  vassalls  upon  payment  of  one  year's  rent  conform  to  the  act 
of  parliament.  The  saids  arbitrators  having  likeways  viewed  and  several 
times  perambulated  the  contraverted  greens  and  after  great  pains,  serious 
consultation  and  mature  deliberation  they  unanimously  decern  and  ordain 
the  said  John  Sutherland,  elder  and  younger,  to  deliver  to  the  toun 
councill  and  their  successors  and  the  burgesses  of  Elgin  in  all  time 
coming  a  perpetuall  attolerancc  and  right  of  servitude  upon  Lossy  Green 
adjacent  to  the  laboured  lands  of  Burrowbriggs  at  the  east,  north  and 
northeast  as  the  same  has  been  this  day  marched  with  13  march  stones 
with  the  letter  E  for  Elgin  on  the  east  side  and  with  the  letter  G  for 
Greenhall  on  the  west  side  of  ilk  one,  beginning  on  the  south  side  of  the 
said  green  opposite  to  the  west  side  of  the  Lossy  Wynd  in  a  parallel  line 
with  the  east  gavell  of  the  kiln  which  belonged  to  Matthew  Muir,  square 
wright  and  near  the  old  run  of  the  water  of  Lossy  where  there  is 
presently  ane  standing  pool  of  water,  from  thence  to  another  stone 
northward  and  so  from  stone  to  stone  of  the  forsaid  number  north  and 
northwest  until  the  place  where  the  I3th  stone  is  planted.  And  we 
decern  and  ordain  that  all  the  ground  eastward  of  said  stones  shall 
belong  to  the  burgesses  of  Elgin  under  the  servitude  aforesaid  and  that 
the  said  servitude  and  attolerance  be  granted  to  them  for  washing  and 
drying  their  wool,  linnen,  skins,  and  steeping  the  same  in  the  water  of 
Lossy  adjacent  to  the  said  bounds.  Also  we  decern  that  the  said  John 
Sutherland  his  heirs  and  successors  in  the  lands  of  Burrowbriggs  nor 
their  tenants  shall  never  plough  or  labour  or  turn  into  corn  ground,  cast 

E  2 


426  RECORDS  OF   ELGIN. 

faill  or  divot  or  make  middens  upon  any  part  of  the  said  bounds  to  the 
east  and  northeast  of  the  said  march  stones.  Also  we  ordain  that  there 
be  a  highway  and  cartroad  to  the  south  of  said  first  march  stone  of  three 
elns  breadth  or  thereby  from  the  first  march  stone  to  the  stank  or  ditch 
where  the  old  run  of  the  water  of  Lossy  was  turning  by  the  west  side  of 
the  kiln  belonging  to  the  successors  of  Mathew  Muir  and  leading  to  the 
kilns  on  the  north  side  of  the  said  burgh  belonging  to  James  Stewart  and 
Kenneth  McKenzie,  late  baillies,  and  the  burgesses  to  have  right  to  use  a 
high  way  leading  from  the  foord  of  Lossy  called  Murraystown's  foord  to 
Ragg's  wynd.  And  the  Toun  Councill  to  pay  annually  to  John  Suther- 
land and  his  successors  five  merks  Sc.  for  said  servitude  and  attolerance. 
And  we  dcccrn  the  Town  Councill  to  receive  the  said  John  Sutherlands 
as  their  vassals  in  the  Blackfriar  hauch  and  ane  aughteen  part  of  the 
Greiship  lands  of  Elgin  with  the  mossward  therof  for  payment  of  the 
same  duties  and  in  the  same  manner  of  holding  which  the  said  John 
Sutherland's  authors  held  the  same  of  the  toun  of  Elgin.  And  we  decern 
the  said  John  Sutherlands  to  pay  to  the  said  Magistrates  of  Elgin  £36 
Sc.  as  ane  composition  for  their  entry.  And  we  decern  the  Magistrals  to 
pay  to  the  saids  John  Sutherlands  £36  53.  Sc.  as  the  price  of  the  corns 
which  grew  on  the  said  green  crop  1725  which  were  cutt  down  and 
carried  of  by  the  said  Magistrats  from  the  forsaid  greens  but  allows  the 
saids  Magistrats  to  get  payment  from  John  Dunbar  of  the  price  of  said 
corns  at  the  rate  they  were  sold  to  him  at  a  publick  roup. 

May  29th. — The  magistrates  subscrive  ane  contract  with  Mr.  Alex- 
ander Stewart,  sometyme  schoolmaster  at  Edinkillie,  now  governour  to 
Auchluncart,  to  be  master  of  the  Grammar  School  and  that  for  three  years. 

June  1 9th. —  In  respect  the  Gildrie  have  lately  purchased  from  James 
Fraser  the  lands  at  the  southwest  end  of  the  town  called  St.  Kathrine's 
crofts  and  there  being  some  green  ground  on  the  north  side  of  the  said 
croft  capable  of  improvement  the  Councill  authorize  the  gildrie  to  till 
and  improve  the  said  piece  green  ground  and  to  march  the  same  with  the 
high  way  leading  by  the  lands  of  Bilbohall  to  the  toun  provydeing  they 
preserve  ane  highway  of  fourtie  foots  of  breadth  leading  to  the  toun 
betwixt  the  saids  lands  of  St.  Kathrins  at  the  south  and  the  aughten 
part  land  of  Elgin  at  the  north. 

July  2oth. — The  Provost  and  remanent  members  of  the  Toun  Councill 
did  all  take  and  swear  the  oaths  of  Allegeance  and  Abjuration  and 


1727.]  TOWN  COUNCIL  MINUTES.  427 

subscrive  the  same  with  the  Assurance  to  His  Majestic  King  George  the 
second. 

A  stent  to  be  made  on  the  heritors  of  the  Greeshop  lands  of  Elgin  as 
the  watter  of  Lossie  is  encroaching  and  like  to  encroach  furder  upon  the 
aughteen  part  lands  to  the  great  destruction  therof. 

September  pth. — Election  of  a  Parliament  member  for  the  Burghs  of 
Elgin,  Banff,  Cullen,  Kintore  and  Inverurie.  The  haill  commissioners 
agree  that  whoever  be  chosen  he  ought  to  serve  gratis  and  not  to  burden 
all  or  any  of  the  burghs  he  represents  with  any  commissioner  fees. 
William  Stuart  Esq.  Remembrancer  of  Exchequer,  who  is  a  burgess  of 
Elgin,  is  elected. 

September  i8th. — The  Toun  Councill  this  day  sign  a  charter  in  favour 
of  John  Sutherland,  elder  and  younger  of  Greenhall,  of  the  lands  of 
Blackfriarhaugh  and  ane  aughten  part  of  land  of  the  Greeshop  lands  of 
Elgin  and  half  ward  belonging  therto,  lately  belonging  to  the  deceast  Sir 
James  Calder  of  Muirtoun. 

October  pth. — It  is  ordered  that  the  toun's  statutes  be  publickly  read 
over  the  cross  on  Friday  next. 

Statute  anent  the  church  windows.  The  Toun  Counsell  unanimously 
enacted  that  for  hereafter  no  persons  young  or  old  presume  to  play  with 
catch  ball  or  any  other  diversion  at  the  west  gavell  of  the  high  church  or 
towards  any  part  of  the  litle  church  because  it  destroys  the  glass  windows 
thereof  under  the  pain  of  five  pounds  Scots  money  for  each  offence  and 
parents  to  be  lyable  for  their  children. 

October  3Oth. — The  Councill  doe  declair  in  tyme  coming  that  the 
master  of  the  Grammar  School  and  his  scholars  ther  attendance  from  1st 
November  to  1st  February  yearly  begin  at  nyne  aclock  in  the  morning 
and  to  disolve  the  school  at  twelve  aclock  in  the  forenoon  and  from  two 
aclock  to  five  in  the  afternoon  but  prejudice  of  any  emoluments  of  candle 
that  formerly  use  and  wont  were  payable  to  the  schoolmaster  be  continued 
and  that  the  schoolbell  be  rung  everie  day  at  six  aclock  in  the  morning 
to  advertise  the  inhabitants  of  the  ordinary  tymc  of  day  to  warn  ther 
servants  to  ther  work. 

Iron  stenchens  or  barrs  to  be  put  in  the  windows  of  the  Bedhouse  loaft. 

George  Innes  of  Dunkinty  petitions  the  Councill  for  payment  of  400 
merks  Scots  with  annual  rent  he  borrowed  for  repairing  the  big  bell  in 
the  church  steeple  in  terms  of  Act  of  Councill,  September,  1714. 


428  RECORDS  OF   ELGIN.  [1728. 

December  i8th. — The  bond  granted  to  Bracco  for  £1000  Sc.  dis- 
charged. 

1728. 

January  8th. — The  magistrals  to  commune  with  a  boat  wright  to 
make  a  small  boat  or  lighter  for  carieing  the  great  stones  that  are  lying 
in  the  mouth  of  the  River  of  Losie  hard  by  the  pier  from  the  west  side 
of  the  watter  to  the  east  side  therof. 

The  Dean  of  Gild  to  enquire  if  the  stoups  in  the  toun  are  agreeable 
to  the  Stirling  jug. 

February  I2th. — The  provost  presented  a  discharge  from  Colonell 
Campbell,  late  representative  of  this  burgh  in  the  two  last  parliaments  of 
all  his  fees  which  he  could  claim  of  this  burgh  and  of  the  expences  laid 
out  for  obtaining  the  Act  of  Parliament  anent  the  two  pennies  Sc.  on 
each  pint  of  ale.  The  Councill  ordain  that  so  much  of  the  moneys 
arising  from  the  duties  of  the  two  pennies  on  the  pint  as  are  necessarie 
be  laid  out  for  improving  the  harbour  of  Lossie. 

March  i6th. — Election  of  a  Parliament.  Colonel  Patrick  Campbell, 
burgess  of  Elgin,  chosen,  William  Stuart  Esq.  having  elected  to  serve  for 
the  Air  burghs. 

The  magistrats  bargain  with  Alexander  Falconar  at  Findhorn  for  a 
lighter  with  a  burden  of  30  bolls  for  ten  pound  Sterl.  and  a  guinea  of 
price. 

April  8th. — The  Council  approve  of  a  scheme  for  doing  something  at 
the  east  side  of  the  water  mouth  of  Lossie  for  making  ane  experiment  of 
deepning  the  channell  of  the  river  and  saving  the  harbour  from  east, 
northeast  and  southeast  storms,  that  John  Ross,  elder,  mason  in  Elgin  be 
principal  master  mason  and  contractor  about  the  scheme  and  that  he 
have  1 8s.  Sc.  per  diem  for  meat  and  wages,  that  James  Duncan,  merchant, 
be  grieve  over  the  said  work  and  have  also  i8s.  Sc.  for  meat  and  fee  and 
that  four  or  five  quarriers  and  eight  or  ten  barrowmen  be  dayly  imployed 
in  the  said  work  at  reasonable  rates  and  that  the  whole  expense  of  this 
work  be  payd  out  of  the  two  pennys  on  the  pint  ale. 

The  Counsell  considering  that  it  is  absolutely  necessary  for  fitting  up 
the  new  Councill  chamber  to  provide  at  the  publick  charge  two  dozen  of 
chairs  of  Russia  leather  one  of  each  dozen  to  be  ane  elbow  chair  and 


1728.]  TOWN  COUNCIL  MINUTES.  429 

that  the  wood  for  strength  and  durableness  in  the  frame  of  the  chairs  be 
of  oake  and  considering  that  there  is  very  shortly  ane  opportunity  for  a 
ship  goeing  from  the  Murray  Firth  to  Dantzick,  Doe  impower  the  Magis- 
trats  to  commission  for  as  much  hydes  of  Russia  leather  as  will  cover  the 
said  chairs  and  as  much  oake  or  knappell  wood  as  will  make  the  frames 
thereof. 

The  contract  with  John  Ross  anent  Lossiemouth  [here  inserted  in 
full]  signed  and  alteration  made  so  that  John  Ross  as  master  mason  be 
allowed  2os.  Sc.  per  diem.  He  engages  "  to  splitt,  rive  or  cleave  such  of 
the  stones  on  the  west  side  as  are  so  large  that  they  cannot  be  carrycd  to 
the  east  side  of  the  river,"  and  to  cleanse  or  dight  the  channel  of  the 
river  from  the  outmost  point  of  the  west  side  or  pier  to  the  west  gavell  of 
Roscommon's  house.  The  quarriers  to  have  tos.  or  I2s.  Sc.  per  diem 
and  the  barrowmen  6s.  or  75.  Sc.  dayly.  The  toun  Councill  to  supply  a 
lighter,  two  dumcrafts,  a  quarrie  mell,  hammers,  gavelocks,  picks, 
barrows,  &c. 

June  1 7th. — The  Councell  doe  agree  that  each  of  their  number  by 
turns  doe  goe  and  visit  the  work  at  Lossiemouth  upon  ther  owne  charges 
and  that  twice  a  week,  Wednesday  and  Saturday,  the  first  to  take  his 
turn  to  be  the  provost  and  so  on  till  it  goe  through  the  whole  Councill. 

August  5th. — The  magistrals  represented  to  the  Councill  that  James 
Tylour,  James  Miln,  James  Cuming  and  Francis  Peerie,  lately  the  toun's 
four  officers  did  upon  the  26th  of  Jully  last  most  obstinately  refuse  to 
put  in  execution  the  magistrals  ther  sentence  against  George  Guthrie, 
post,  by  putting  him  in  the  joggs  after  they  were  required  by  all  the 
magistrates  so  to  doe  and  therfore  the  Councill  for  the  said  gross  mal- 
versation in  ther  office  doe  degrade  all  the  saids  four  officers  and 
discharges  them  in  all  tym  coming  to  exerce  that  office  and  appoint  four 
new  officers. 

October  28th. — The  Councill  upon  a  petition  from  James  Ogilvie  now 
of  Pettinsear  allow  him  to  lead,  win  and  away  take  100  load  of  lime- 
stone furth  of  the  muirs  belonging  to  this  burgh  for  the  use  of  the  lands 
of  Easter  Pettinsear  and  that  for  the  space  of  one  year  provideing  he 
sell  none  thereof. 

The  Councill  appoints  all  those  who  have  work  horses  in  the  toun  to 
assist  with  their  horses,  servants  and  kelochs  for  makeing  up  ane  highway 
which  leads  from  the  south  side  of  the  toun  through  the  lands  of  Cataills 


430  RECORDS  OF  ELGIN.  [1729. 

ay  and  whill  the  said  road  be  made  sufficient  for  horses  and  carts  under 
the  penalty  of  6s.  Sc.  money  for  each  yoaking. 

November  i8th. — The  four  Hearses  in  the  High  Church  of  this 
burgh  haveing  been  lately  repaired  by  order  of  the  Magistrals  and  Toun 
Councill  the  Councill  agrees  that  the  reparation  of  one  of  the  said 
hearses  which  lyes  next  to  the  gildry  loft  be  payd  out  of  the  gildry 
thesaurie  that  the  reparation  of  the  other  two  hearses  to  the  westward  of 
that  hearse  be  payd  out  of  the  common  good,  that  the  westmost  hearse 
next  to  the  Hammerman's  loft  be  repaired  at  the  expence  of  the  Kirk 
Session  of  Elgin.  David  Falconer,  pewterer,  was  the  workman  employed. 

Anent  the  accusation  by  James  Duncan,  supervisor  of  the  work  at 
Lossiemouth  against  John  Ross,  master  mason  of  that  work,  the  Toun 
Councill  find  that  John  Ross  had  not  acted  fairly  to  the  toun  by  detain- 
ing the  workmen's  wages  and  by  putting  a  part  thereof  in  his  own  pocket 
and  by  using  the  toun's  wages  to  his  own  private  work  and  by  not 
duely  fixing  the  beacon  on  the  east  side  of  the  river. 


1729. 

The  burrow  lands  belonging  to  Robert  Innes,  merchant,  lying  upon 
the  south  side  of  the  burgh  "are  presently  waste  and  ruinous  to  the 
prejudice  of  the  ornament  and  beauty  of  the  street  of  the  town."  The 
Councill  appoint  intimation  to  be  made  to  Robert  Innes  and  James  Innes 
of  Inchtcllie,  a  creditor,  to  repair  said  lands  within  year  and  day  or  the 
Toun  Councill  will  roup  them  in  terms  of  Act  of  Parliament  1672. 

April  i4th. — The  deccast  William  Duff  of  Diple  who  dyed  in  May, 
1722,  having  by  a  verball  order  desired  William  Duff  now  of  Bracco,  his 
sone,  to  give  1000  merks  Sc.  for  mantainance  of  one  decayed  merchant 
of  Elgin  Bracco  agrees  to  mortify  13  crofts  which  his  father  purchased 
from  Mr.  John  Annand  amounting  in  yearly  free  rent  to  £44  Sc.  The 
Councill  appoint  James  Innes,  baillie,  to  go  to  Banff  to  have  the  morti- 
fication compleated,  and  Baillie  Innes  in  going  to  Banff  to  purchase  at 
Garmouth  as  much  sparr  wood  as  will  be  sufficient  for  makeing  five  or 
six  pauls  for  fixing  cables  in  Lossiemouth.  The  expence  thereof  to  be 
paid  out  of  the  two  pennys  on  ilk  pint  ale.  [Braco's  deed  of  mortification 
here  recorded  in  full.]  The  mortification  is  made  to  the  provost,  bailies, 


1729.]  TOWN   COUNCIL   MINUTES.  431 

dean  of  gild  and  treasurer  and  their  successors.  The  presentee  shall  be 
a  person  of  honest  life  and  conversation  and  a  Protestant  who  frequents 
the  ordinances  and  public  worship.  The  thirteen  crofts  are  on  the  south 
side  of  the  burgh,  lying  contigue,  between  St.  Katharine's  crofts  at  the 
west  and  a  croft  of  land  belonging  to  Kenneth  McKenzie,  apothecary,  at 
the  east.  The  yearly  rent  to  be  applied  for  maintenance  of  an  honest, 
poor,  decayed  merchant  burgess  and  gild  brother,  residenter  within  the 
toun  of  Elgin.  The  right  of  presentation  to  be  in  William  Duff  and  his 
heirs.  If  no  presentation  be  made  by  the  patrons  within  six  months  the 
dean  of  gild  and  the  managers  of  the  Charitable  Fund  to  nominate. 

April  26th. — By  appointment  of  the  General  Convention  of  Burghs 
held  in  July  last  a  visitation  of  this  burgh  and  the  harbour  therof  is  to 
be  made  on  8th  May  next  by  the  following  burghs — Inverness,  Dunbar, 
Forres,  Nairn  and  Fortrose. 

Act  for  regulating  the  price  of  peats.  The  Councill  considering  that 
the  inhabitants  of  this  burgh  are  grivously  extorsd  by  the  sellers  of  the 
peats  in  the  publick  mercate  within  the  burgh,  Therefore  they  appoint 
the  magistrats  and  Toun  Councill  by  turns  by  two  and  two  to  visite  the 
said  peat  mercate  every  laufull  day  of  the  week  and  to  rectify  the  prices 
of  the  said  peats. 

June  2nd. — The  Council  agreed  that  the  harbour  at  Lossiemouth  be 
carried  on  this  summer  according  to  Mr.  McGill's  plan  by  carieing  stones 
from  the  west  to  the  east  side  of  the  river,  that  James  Duncan,  merchant 
in  Elgin,  be  grive  of  the  work  and  that  he  have  i8s.  Sc.  per  diem,  that 
two  quarriers  be  at  first  employed  and  then  alse  many  more  as  shall  be 
necessarie,  that  twelve  men  be  employed  at  low  waiter  to  carrie  the 
stones  with  barrows  and  at  high  water  to  work  with  the  lighter  and  the 
boat,  that  countrie  horses  be  hyred  to  carie  over  the  stones  in  cartloads 
and  that  the  collector  of  the  two  pennies  pay  the  weekly  wages. 

The  Council  feu  a  part  of  the  muir  besouth  the  Cattaills  Dr.  Patrick 
Stuart  to  pay  .£1  os.  3d.  Sc.  yearly  feuduty,  Provost  Innes  15/5  Sc.,  John 
Duff  £1  45.  4d.  Sc.,  they  having  petitioned  for  parts  of  the  muirs 
adjacent  to  their  possessions  of  the  Cattaills,  consisting  to  each  of  100 
Scottish  elns  square  from  east  to  west  and  from  the  dyke  circulating  the 
Cattaills  at  the  north  to  the  ditch  casten  at  the  south.  Dr.  Patrick 
Stuart  is  heritor  of  the  part  of  the  Cattaills  at  first  feued  to  David 
Bremner,  James  Innes  is  feuar  of  a  part  of  the  Cattaills  on  the  south  of 


432  RECORDS  OF  ELGIN.  [l?29. 

the  burn  of  Tayock  which  was  originally  feued  by  the  toun  to  David 
Bremner  and  which  the  father  of  the  said  James  Innes  purchased  from 
him.  John  Duff,  merchant,  is  heritor  of  the  part  of  the  Cattaills 
originally  feued  to  William  Paull,  merchant,  and  by  him  disponed  to 
William  Ross,  merchant,  and  by  him  disponed  to  James  Anderson, 
Commissary  Clerk  of  Murray  and  by  James  Anderson  conveyed  to  John 
Duff,  breadth  of  this  part  being  180  Sc.  elns. 

May  ipth. — The  keys  of  the  prison  where  McKintosh  of  Belvaden 
lies  are  delivered  to  Baillie  Cramond.  [He  continues  in  prison  till  4th 
October,  1729,  at  least] 

July  28th. — The  Royal  Burrows  at  their  last  Convention  gave  £20 
Starling  to  the  town  for  the  reparation  of  ther  harbour. 

The  Council!  grant  the  petition  of  William  Blenshell,  Deacon  Con- 
veener  to  build  a  new  scat,  dask  or  pew  in  the  body  of  the  High  Church 
provided  the  said  seat  be  removed  when  the  sacrament  of  our  Lord's 
Supper  is  administrate. 

August  25th. — The  Councill  considering  that  Robert  Brander,  one  of 
the  toun's  officers  hath  been  guilty  of  ane  gross  malversation  in  conniving 
at  the  escape  of  James  Malcomb,  who  was  committed  to  the  tolbooth  of 
Elgin  for  theft  and  shop  breaking  doe  immediately  degrade  the  said 
Robert  Brander  from  his  office  and  ordains  the  Toun's  livery  with  his 
Halbert  and  Broad  Sword  to  be  taken  from  him. 

[Charters  of  a  part  of  the  muirs  in  favour  of  Provost  Innes  and  John 
Duff  here  recorded  in  full.] 

October  27th. — Upon  a  complaint  made  against  Mr.  Stuart,  school- 
master, for  neglecting  his  charge  it  is  ordered  that  there  be  a  visitation  of 
the  Grammar  School  made  be  the  Magistrats  and  minister. 

The  Councill  unanimously  find  that  there  is  no  use  for  a  Doctor  to 
the  Grammar  School  after  Mertimes  next  because  of  the  paucity  of 
schollars  and  therefore  rescinds  the  act  of  Councill  allowing  a  sallary  to 
the  Doctor  after  that  day. 

The  keys  of  the  prison  where  Donald  Ross  and  the  gipsys  are  were 
delivered  to  William  Geddess.  [A  month  later  still  in  prison.] 

It  is  ordered  that  the  four  Baillies  goe  once  this  week  through  ther 
severall  quarters  of  the  toun  and  take  up  lists  of  the  inhabitants  and  to 
inquire  anent  what  idlers  and  other  loose  persons  live  about  the  toun  and 
report. 


I73O.]  TOWN   COUNCIL   MINUTES.  433 

November  roth. — The  Baillies  presented  lists  of  the  severall  inhabi- 
tants within  this  burgh  differencing  the  characters  of  those  who  are  idlers 
and  have  no  Testimonials  and  have  no  honest  way  of  living.  It  is 
ordered  by  the  Councill  that  every  Baillie  in  his  quarter  does  prosecute 
those  Idlers,  people  who  want  Testimonials  or  who  cannot  show  any 
honest  way  of  living  and  punish  them  according  to  law  by  fining, 
confining  or  expelling  them  out  of  the  toun  and  that  such  of  the  burrow 
heretors  who  have  sett  them  any  houses  be  fined  conform  to  the  toun's 
statutes. 

November  29th. — James  Fraser,  sheriff  clerk  of  Murray,  gave  in  a 
petition  to  the  Toun  Councill  bearing  that  whereas  in  the  month  of 
September,  1714,  he  was  settled  conjunct  Toun  Clerk  in  place  of  David 
Stewart  and  gave  bond  for  500  merks  Sc.  for  the  price  of  said  office,  that 
his  said  office  have  been  vacant  and  he  deprived  thereof  in  the  beginning 
of  the  year  1717  he  reaped  little  or  no  benefitt  by  the  office,  that  there- 
fore he  humbly  demitted  any  little  he  could  claim  thereto  and  therefore 
craved  that  the  Toun  Councill  would  be  pleased  to  discharge  his  bond. 
The  Councill  doe  find  that  the  rouping  of  the  office  of  the  Toun 
Clerkship  was  derogatory  to  the  freedome  of  choice  which  the  Toun 
Councill  ought  to  have  in  electing  their  clerks  and  therefore  discharge  the 
said  James  Fraser  of  the  said  sum  of  500  merks  and  bond  granted  there- 
fore and  of  the  haill  ©rents  due  thereon. 

December  i5th. — The  1000  merks  mortified  by  Alexander  Dick  is 
voluntarily  borrowed  by  Baillies  Cramond  and  Wilson  and  Conveencr 
Dick  because  no  other  debitor  could  be  found  and  least  the  poor  should 
loose  the  @rent. 

1730. 

January  5th. — Gift  from  the  Exchequer  of  the  fourth  part  of  the  whole 
stipend  of  Elgin  of  crop  and  year  1729  vacant  by  the  transportation  of 
Mr.  Charles  Primrose  for  behoof  of  the  toun,  to  be  applyed  be  them  for 
reparation  of  the  Little  Kirk.  The  Councill  agree  that  Provost  Innes 
gett  the  bear  of  the  vaccant  stipends  at  8  merks  Scotts  per  boll. 

February  gth. — The  Councill  enact  that  the  vacancy  in  the  Grammar 
School  be  setled  by  a  comparative  tryall  before  the  presbytery  of  Elgin 
and  publication  be  made  of  the  tryall  upon  a  Lord's  day  at  least  a  month 

F  2 


434  RECORDS  OF  ELGIN.  [l73°- 

previous  at  the  parioch  church  of  Elgin,  the  six  adjacent  pariochs  and  at 
Forres,  Nairn,  Inverness  and  Aberdeen. 

March  i6th.— Captain  Avers  sends  a  letter  that  he  will  wait  of  the 
magistrates  and  view  the  harbour  of  Lossiemouth  and  give  his  advice  for 
ane  plan  theranent. 

James  Hatmaker,  glover,  admitted  a  toun's  headman,  in  room  of 
William  Ingland,  deceased. 

A  letter  written  to  William  Forbes,  the  toun's  agent,  to  advertise  the 
comparative  tryall  for  a  master  to  the  Grammar  Schooll  in  the  newspaper 
called  the  Caledonian  Mercury.  The  Council!  grant  warrand  to  George 
Wilson  ther  Hospitall  Master  to  buy  three  chists  of  glass  for  glassing  of 
the  vindows  of  the  Little  Kirk  out  of  the  gift  by  the  Exchequer. 

Alexander  Philp  nominated  by  the  Toun  Council  to  be  one  of 
Pittulie's  four  pensioners  in  room  of  William  Douglas,  merchant. 

June  sth.— The  Councill  subscrivc  anc  precept  of  clare  constat  in 
favours  of  Joseph  Brodie  of  Milntoun  as  heir  to  the  deceased  Francis 
Brodie  of  Inverlochtic  his  father  upon  that  part  of  the  Greens  of  Mos- 
towic  belonging  to  him  and  holden  few  of  the  town. 

The  arms  of  G.  Brittain  sett  up  in  the  Courthouse.  The  said  day  ther 
was  ane  piece  of  painting  sett  up  in  the  Courthouse  done  be  Richard 
Waitt,  painter,  being  the  armoriall  armes  of  Greatt  Brittain  with  the 
toun's  armoriall  bearings  of  St.  Geills  and  the  crosses  of  St :  George  and 
St :  Andrew,  for  which  the  Councill  orders  the  thesaurer  to  pay  the  said 
Richard  Waitt  the  sum  of  fifteen  pounds  Starling  money  deduceing 
therfrom  the  sum  of  three  pounds  ten  shillings  Star,  containt  in  ane 
former  precept  drawin  be  Richard  Waitt  payable  to  Janett  Hattmaker 
in  Invernes  and  ane  order  theron  from  the  magistrats  upon  the  thesaurer. 

June  2Oth. — The  Councill  appoint  James  Innes,  dean  of  gild,  to  be 
assessor  to  William  Forbes,  ther  Commissioner  at  the  ensuing  Convention 
of  Burrows,  for  which  the  Councill  allow  him  three  punds  during  the 
sitting  of  the  Convention  and  the  expence  of  his  horse  hyre  furth  and 
home  and  no  more.  Charter  of  adjudication  granted  to  James  Charles, 
merchant  in  Elgin,  upon  the  piece  ground  at  Lossiemouth  wheron  Mr. 
William  Sutherland,  third  son  to  James,  Lord  Duffus,  built  some  houses, 
19  elns  in  length  and  6f  elns  in  breadth.  The  charter  contains  a  liberty 
of  having  a  white  fish  boat  at  Lossiemouth. 


1730.]  TOWN   COUNCIL  MINUTES.  435 

July  6th. — The  Council!  enacts  that  there  be  a  causeaway  of  peeble 
stones  made  at  the  west  end  of  the  toun  where  the  present  street  ends  to 
the  west  port,  that  the  causeaway  be  40  foot  broad  besides  the  cannals  to 
be  laid  with  the  like  stones  for  carrying  away  the  water,  that  it  be  done 
at  the  expense  of  the  respective  heritors  of  the  burrow  roods  at  said  end 
of  the  toun  under  the  penalty  of  ten  merks  Sc.  for  each  rood.  The 
Councill  grants  every  one  of  the  heritors  respective  opposite  to  their 
burrow  4and  liberty  to  advance  their  houses  on  both  sides  towards  the 
cannall  of  the  said  intended  street,  the  street  being  still  40  foot  broad, 
besides  the  cannall.  The  toun  will  causea  the  part  opposite  Ragg's 
Wynd  and  the  part  opposite  Pitullie's  mortified  lands. 

The  magistrats  to  ride  the  toun's  marches  next  week.  The  Councill 
order  the  treasurer  to  pay  the  Dean  of  Gild  £15  Sc.  for  five  days 
Commissioner  fees  and  £20  Sc.  for  his  horse  hyre  south  and  north. 

In  terms  of  letter  from  the  Agent  of  the  Burrows  the  Magistrates 
agree  to  make  up  a  list  of  unfree  traders  for  prosecution  before  the  Lords 
of  Session. 

It  is  ordpred  that  for  the  better  regulating  of  the  mercates  of  the  toun 
and  preventing  forstalling  that  all  the  publick  mercates  (the  weekly 
mercates  excepted)  be  proclaimed  ilk  Tuesday  before  the  mercate  begin 
at  12  aclock  beforenoon,  that  before  that  time  there  be  nether  buying  or 
selling  under  pain  of  being  punished  as  forestallers.  The  Dean  of  Gild 
is  appointed  to  name  a  guard  of  twelve  of  the  burgess  to  keep  guard  and 
patrol  every  Monday  night  and  to  continue  on  guard  untill  Tuesday  that 
the  mercate  be  proclaimed  and  impower  the  Dean  of  Gild  to  fine  such  of 
the  burgess  as  refuse  to  attend  the  said  guard. 

October  5th. — It's  ordered  that  none  of  the  inhabitants  buy  any 
peatts,  fir  or  other  fewell  or  vivers  without  the  ports  till  the  same  come  to 
the  open  mercat  under  pain  of  being  pursued  as  forestallers.  The 
Councill  considering  the  great  darth  of  the  peatts  they  appoint  the 
Baillies  to  attend  week  about  and  regulat  the  prices. 

October  I2th. — The  magistrats  having  got  a  summonds  of  declarator 
and  redemption  at  the  instance  of  William  Duff  of  Bracco  of  the  lands 
of  Darkland  out  of  which  ^1000  Sc.  was  mortified  to  the  poor  the 
summonds  to  be  sent  up  to  the  Toun's  Agent. 

October  26th. — The  keyes  of  the  prison  wher  Joseph  and  John 
Mclntoshes  are  imprisoned  for  ane  civill  debt  are  delivered  to  Baillie 
Innes.  [Still  in  prison  on  /th  December.] 


436  RECORDS  OF   ELGIN.  [l73I- 

The  magistrals  and  Councill  have  finished  accounts  with  George 
Cuming  of  Pitulie  anent  the  toun's  intromissions  with  the  rents  of  the 
mortified  lands  of  Lyperland  and  Hospitall  croft.  In  compting  with 
George  Cuming  of  Pitulie  from  1703  to  1726  the  toun  councill  are  found 
due  to  Pitulie  a  balance  of  £1052  143.  6d.  Sc.  The  ©rents  of  that 
balance  for  the  years  1727-30  to  be  applyed  for  reparation  of  Pitulie's 
houses  wherein  his  pensioners  dwell.  Paid  for  murning  cloaths  to  George 
Leslie  and  Andrew  Ramsay,  pensioners,  at  Pitulie's  death  £4  I4/-.  Paid 
for  a  painted  board  with  gold  letters  in  memory  of  Pittulie  £14  l6/-  Sc. 

November  Qth.— The  Councill  orders  all  those  who  hyre  horses  to 
lead  two  yoaking  with  ilk  horse  and  to  bring  causea  stones  from  the 
fields  to  the  broken  causea  and  this  for  the  benefit  of  such  of  the  heritors 
as  are  poor  and  not  able  to  make  up  their  parts  of  the  said  broken  causea 
under  the  penalty  of  half  a  merk  Sc.  for  ilk  horse. 


I731- 

William  Forsyth,  glassier,  agrees  to  glass  with  new  glass,  lead,  wire 
and  iron  glass  bands  the  whole  windows  of  the  litle  church  for  £108  Sc. 
out  of  the  vaccant  stipends  cropt  1729. 

January  i8th. — Mr.  James  Stuart,  eldest  son  to  Mr.  Francis  Stuart, 
only  brother  now  in  life  to  Lord  Charles,  Earl  of  Murray,  received  by  the 
Council!  as  their  vassall  in  the  lands  of  Uivilicgreen,  two  Kilncrooks  and 
dreich  of  Pettindreich  resigned  by  the  Earl  of  Murray  to  the  said 
James  Stuart. 

February  22nd. — Act  anent  Ike  by  breivers.  The  Councill  haveing 
considered  a  grievance  and  complaint  given  in  by  those  that  are  publick 
brewers  in  the  town  who  are  duely  entered  in  the  excise  office  and  who 
pays  the  King's  revenue  of  excise  with  the  petty  impost  of  the  town  and 
bear  the  only  burden  of  quartering  souldiers  against  a  great  many  by 
brewers  who  bear  none  of  these  burdens  and  defraud  the  King  and  the 
town  of  the  dutys  of  malt  and  liquor  brewn  sold  and  retailed  by  the  said 
by  brewers  as  also  considering  the  danger  the  toun  is  frequently  exposed 
to  by  these  by  brewers  brewing  in  the  night  time  doe  therefore  enact  that 
for  hereafter  no  person  presume  to  brew  for  sale  any  ale  or  spirits  within 
this  burgh  except  upon  these  conditions:  (i)  That  the  person  brewing 


1732.]  TOWN   COUNCIL  MINUTES.  437 

for  sale  be  a  burgess  and  licensed  by  the  Magistrates  (2)  That  the  said 
licence  be  entered  in  a  record  kept  by  the  Town  Clerk,  the  fee  being  6/- 
Sc.  (3)  That  applicants  be  such  as  can  quarter  two  souldiers  (4)  Contra- 
veners  to  pay  £10  Sc.  &c. 

March  I5th. — William  Paull,  one  of  the  town's  officers,  degraded  for 
several  faults  and  transgressions  and  his  liverie  coat,  halbert  and  broad 
sword  taken  from  him. 

The  Council!  discharge  all  strangers  from  casting  peatts  in  the  toun's 
mosses  besouth  the  toun  and  that  no  inhabitant  or  burges  presume  to 
cast  therin  without  ane  warrand  from  the  Magistrates. 

Darkland's  .£1000  Sc.  which  is  to  be  paid  up  by  Bracco,  is  to  be  lent 
to  Sir  Harie  Innes  and  Laurence  Sutherland,  merchant,  Elgin,  jointly, 
also  the  1000  merks  Sc.  mortified  by  Alexander  Dick  to  be  lent  to  them. 
The  sum  of  100  merks  (£66  13$.  4d.  Sc.)  was  appointed  to  be  distri- 
bute upon  Darkland's  buriall  day,  to  be  paid  proportionally  by  Elgin, 
Birnie  and  Longbride. 

July  i Qth. — The  moss  and  marches  of  Mostowie  to  be  visited  upon 
Saturday  next,  the  burgesses  to  be  advertised  to  attend  under  the  penalty 
of  .£5  Sc.  each  and  twenty  four  march  stones  to  be  provided  for  making 
a  march  betwixt  the  moss  and  the  arable  lands. 

August  gth. — The  Council  agree  with  Kenneth  Sutherland,  wright 
and  glasier,  to  keep  the  windows  of  both  churches  as  to  the  glass  work 
and  weir  work  tight  and  in  repair  whole  and  inteer  for  seven  years  for 
£18  Sc.  yearly,  payable  in  the  first  place  out  of  the  penalties  of  the 
church  delinquents  and  if  that  fund  faill  to  be  paid  out  of  the  toun  thesaurie. 

The  Town  Council  grant  liberty  to  take  as  much  limestone  out  of 
their  muirs  as  will  serve  for  reparation  of  some  bittcrages  for  support  of 
the  church  of  Longbride  and  that  upon  the  application  of  John  Duff, 
factor  for  Bracco  and  James  Ogilvie  of  Pettinsear,  two  of  the  heritors. 

August  gth. — The  Toun  Council  vote  that  the  work  at  the  east  pier 
of  Lossiemouth  be  discontinued  this  season  because  of  some  faults  com- 
mitted by  David  Paull,  the  overseer. 

1732. 

January  I7th. — The  Councill  considering  the  great  hazard  houses 
within  burgh  are  exposed  to  by  haveing  gunpowder  in  shops  or  fire- 


438  RECORDS  OF  ELGIN.  [l732- 

houses  or  any  other  place  wher  fire  lights  arc  carried,  Therfore  the 
Councill  enacts  that  for  hereafter  no  tradeing  merchant  or  others  keep 
gunpowder  in  firehouses  or  shops  within  this  burgh  or  other  places  wher 
fire  lights  are  carried  to  under  the  penalty  of  fiftie  punds  Scotts  and  that 
the  magistrats  yearly  search  for  lint  and  powder  within  firehouses  and 
report  the  contraveeners  and  appoints  this  act  to  be  intimat  to  the 
inhabitants  be  tuck  of  drum. 

The  Dean  of  Gild  has  the  keyes  of  the  iron  door  wher  Gilzean, 
prisoner,  lyes. 

January  3ist. — The  Councill  considering  that  the  late  town  officers 
pretend  thcr  is  ane  great  deall  resting  them  of  thcr  fees  out  of  the 
penalties  due  by  the  furnicators  within  the  Parish  of  Elgin  and  that  for 
hereafter  the  collector  of  the  penalties  is  appointed  to  pay  the  toun 
officers  yearly  what  is  due  them  out  of  that  fund  and  to  take  discharges 
and  not  partiall  recepts  to  avoid  confusion. 

The  keys  of  the  prison  given  to  Baillie  Duff  where  the  incendaries 
lye  [still  in  prison  2 1st  February]. 

March  2Oth. — The  keys  of  the  prison  and  pitt  wher  John  Innes, 
criminal,  lyes  are  delivered  to  James  Miln,  one  of  the  Councill. 

May  22nd.- — The  guagers  pretend  they  have  not  seen  the  Act  of 
Parliament  imposing  the  duty  of  two  pennies  upon  the  pynt  of  any  ale 
that  is  sold  for  three  shilling  or  four  shilling  the  pynt  and  upwards  in 
favour  of  the  town.  They  are  required  to  make  a  return  of  the  duty  due 
to  the  town. 

July  i /th. — The  magistrates  report  their  riding  of  the  marches  with 
the  inhabitants  and  that  the  tenants  of  Mostowie  and  Hillside  transgress 
the  town's  statutes  by  selling  peats  to  others  than  the  inhabitants  of  the 
burgh.  The  magistrates  find  that  Dr.  David  Brodie,  heritor  of  Main 
and  his  tenants  incroach  upon  the  Crooked  Moss  near  the  Duffus  Hillock 
to  cast  peats  and  win  fir. 

[Sett  of  the  Burgh  of  date  I5th  September,  1705,  here  recorded.] 

October  3Oth. — The  Councill  appoints  Robert  Duff,  late  tresaurer,  to 
give  up  to  Thomas  Purse,  present  thesaurer,  the  mortcloths  and  silver 
communion  cups.  The  magistrates  are  appointed  to  attend  upon  the 
ordinary  mercate  days  for  selling  of  peats  and  regulate  the  prices  of 
peats  when  they  are  extravagant. 


I734-]  TOWN   COUNCIL   MINUTES.  439 

November  27th. — John  Sutherland  of  Greenhall  and  Laurence 
Sutherland,  merchant  in  Elgin,  give  a  bond  to  the  magistrates  for 
£720  Sc.  which  money  was  lent  them  out  of  the  money  arising  from 
the  impost  of  the  two  pennys  in  the  pint  ale  within  the  burgh. 

December  i8th. — Bond  be  Sir  Hary  Innes  of  Innes  and  John  Innes 
of  Leuchars  for  £600  Sc.  The  money  was  lent  out  of  the  fund  arming 
by  the  two  pennys  on  the  pint  ale. 

1733- 

March  26th. — The  toun's  aughten  part  set  for  £22  Sc.  yearly,  the 
toun's  four  butts  for  £5  75.  Sc.,  the  School  acre  £24  135.  4d.  Sc.,  the 
Goose  crook  .£13  Sc.,  the  shambles  maills  £38  135.  4d.  Sc.,  and  the  Horse 
Post  Office  £i  8  Sc. 

July  9th. — The  Council!  to  treat  with  James  Brown,  watchmaker,  to 
keep  the  tolbooth  and  kirk  clocks  which  arc  not  exactly  keeped  by  James 
Watson,  beddall. 

The  Councill  consider  that  ther  ar  a  great  many  idle  persons  liveing 
in  town  that  are  not  able  to  bear  any  publict  burden  by  paying  of  cess 
or  quartering  of  souldiers  and  that  never  were  burgesses  or  obtained  the 
freedom  of  the  town.  The  bailies  to  prosecute  such  idle  persons  before 
the  Town  Court  as  unfrce  traders,  idlers  and  such  as  have  no  maner  of 
liveing.  The  four  officers  to  receive  one  shilling  Sc.  for  each  vagrant 
beggar  they  incarcerate  in  the  tolbooth. 

[Darkland's  Mortification.  The  accounts  of  Elgin  with  each  parish 
(Urquhart,  Birnie  and  St.  Andrew's)  for  1715-31  here  all  recorded  in 
detail.  Date  of  the  £1000  mortification,  1698.] 

Double  of  a  disposition  by  Charles  Gordon,  merchant  and  bailie  in 
Elgin  in  favour  of  Alexander  Gordon  his  eldest  son  and  his  younger 
children  of  date  I3th  November,  1730.  He  mortifies  to  the  poor  of 
Elgin  300  merks.  Patrons — the  Magistrates  and  ministers  of  the  burgh. 


1734- 

January  7th. — Several  idle  persons  having  broken  into  shops  and 
houses  within  the  burgh  the  magistrates  offer  a  reward  of  a  guinea  for 
information  leading  to  a  conviction. 


440 


RECORDS  OF   ELGIN.  [1735- 


March  4th. — Bailie  Innes  to  have  1000  merks  Scots  in  loan  out  of 
the  moneys  arising  from  the  fund  of  the  two  pennies  on  the  pint  ale  laid 
by  Act  of  Parliament. 

June  3rd.— The  Council  to  intimate  through  the  town  be  tuck  of 
drum  that  whoever  serves  cheapest  in  collecting  the  two  pennies  of  the 
pint  is  to  be  preferred. 

June  loth.— Thomas  Purse  is  appointed  at  a  salary  of  £8  53.  Stg. 

August  1 2th. — The  Comitie  reported  that  they  hade  compted  with 
Dunkinty  and  hade  payed  him  and  gott  up  his  discharge  for  400  merks 
Sc.  of  principal!  as  the  price  of  the  kirkbell  and  £281  us.  Sc.  as  the 
@rent  therof  from  the  term  of  Lambas,  1713. 

September  23rd. — The  Hospital  Master's  Accounts  include  (i)  Innes 
Mortification,  (2)  Pitullie's  Mortification,  (3)  Dark-land's  Mortification, 
(4)  Alexander  Dick's  Mortification,  (5)  Bailie  Gordon's  Mortification. 

December  2nd. — Robert  Duff  [and  five  others]  managers  for  the 
Guildry's  Charitable  Fund  received  by  the  Town  Council  as  their  vassals 
to  the  two  aughten  parts  and  grass  land  belonging  therto  formerly 
belonging  to  Robert  McKain,  merchant,  and  by  him  disponed  for  behoof 
of  the  said  Charitable  Fund. 


1735- 

January  7th. — The  Council  resolve  to  appoint  a  Quarter  or  Billet 
Master  the  four  baillies  having  represented  that  the  billeting  of  the 
souldicrs  was  very  troublesome  to  them  and  diverted  them  from  their 
private  business  to  their  great  prejudice.  James  Fenton  appointed  billet- 
master  at  £3  Stg.  yearly. 

January  I3th. — The  Council!  appoint  Robert  Duff,  Dean  off  Gild,  to 
gett  and  make  up  ane  exact  list  of  the  mercats  that  are  holden  within 
this  burgh  and  that  he  transmitt  the  same  to  Aberdeen  to  be  insert  in 
the  yearly  Almanack  and  to  pay  what  is  reasonable  for  inserting  the 
saids  mercats  in  the  Almanack  not  exceeding  a  guinea. 

February  24th. — Roups :  Old  Yards  503.  Sc.  yearly  for  three  years, 
Vault  under  the  tolbooth  £4  Sc.  yearly,  the  Town's  Hospital  Crofts 
£20  155.  Sc.  beside  the  teind  there  3^  of  the  said  crofts,  the  Lyperland 
£104  Sc.  stock  and  tcind,  the  Shooting  Acres  £83  ics.  Sc.  stock  and 


I73S-]  TOWN   COUNCIL  MINUTES.  441 

teind,  the  Vault  under  the  Little  Kirk  £g  133.  4d.  Sc.,  and  Pitullie's 
Hospital  Croft  57  merks  33.  4d.  Sc.  stock  and  tcind. 

July  I4th. — Such  of  the  inhabitants  as  keep  swine  must  keep  them  in 
close  houses  and  not  allow  them  to  goc  through  the  town  yards  or  corn 
or  they  will  be  prosecuted.  The  town's  officers  to  take  up  the  swine  and 
put  them  in  the  shambles.  The  officers  also  to  take  up  all  vagrant 
beggars  and  put  them  in  prison. 

July  28th. — The  Council!  find  that  the  thatching  of  houses  with 
heather  within  the  closses  of  the  town  is  most  dangerous  when  any 
accident  of  fire  happens  within  the  town,  therefor  they  appoint  these 
that  arc  thatching  with  heather  ther  houses  that  they  presently  take  of 
the  said  thatch  and  that  none  within  the  burgh  presume  to  doe  the  same 
in  tym  coming  under  the  penalty  of  ten  punds  Scotts.* 

August  25th. — The  Council  to  agree  with  John  Laurie,  mason,  or  any 
other  mason  anent  the  building  of  stone  bridges  at  Cayesbridgcs  and 
winning  of  pen  stones  for  the  pens. 

The  Council  appoint  the  drumcr  to  goc  and  beat  with  his  drum 
evening  and  morning. 

September  29th. — The  Council!  rccomend  to  the  baillics  to  search  the 
whole  town  that  ther  be  no  lint  in  privat  houses  to  prevent  fire  and  to 
inquire  who  recepts  vagrants,  sturdie  beggars  and  other  idle  persons  and 
to  fyne  the  recepters. 

October  2Oth. — A  town's  guard  to  be  appointed  from  ist  November  in 
respect  that  there  is  no  regular  troops  presently  in  town.  As  there  are 
none  of  the  King's  troops  lying  in  this  burgh  the  quartcrmastership  is 
void  and  the  baillies  are  to  quarter  the  transient  soldiers. 

December  ist. — The  Council!  appoint  James  Russell,  mason,  to  pay 
is.  Sc.  yearly  of  feu  duty  for  the  liberty  of  building  a  stair  opposite  the 
musick  school. 

The  magistrates  having  perambulated  the  fculands  about  Lossicmouth 
holden  feu  of  the  Laird-of  Brodie  find  only  four  of  the  nine  march  stones 
and  they  are  of  opinion  some  incroachments  have  been  made.  The 
matter  is  deferred  till  the  Lord  Lyon  returns  to  the  country. 

The  Council  appoint  James  Brown,  watchmaker,  as  keeper  of  the 
two  publick  clocks  for  three  years  at  £5  stg.  yearly. 

*  Cf.  p.  365,  "  Extracts  from  the  Records  of  the  Burgh  of  Aberdeen, "  28th  June,  1716.  The 
Magistrates  of  Aberdeen  prohibited  the  thatching  of  houses  with  straw  and  heather  under  the 
penalty  of  50  merks  Scots. 

.    G  2 


442  RECORDS  OF   ELGIN.  [l736- 


1736. 

January  26th.— A  piece  of  the  waste  muirish  land  south  of  the  Cattails 
feucd  to  James  Warden.  Reddendo  to  the  town  yearly  20  merks  Sc. 

March  ioth.— The  town's  marches  with  Main  and  Link  wood  ridden. 
Some  incroachments  found  in  Main. 

April  3rd. — The  town's  treasurer  is  appointed  to  pay  the  town's 
common  servants  out  of  the  penalties. 

May  i;th.— The  Marywell  grass  rouped  for  £13  135.  4d.  yearly  for 
3  years. 

May  3 1st— The  Councill  appoint  the  magistrats  to  make  out  ane  list 
of  persons  for  guarding  the  mercat  to  prevent  any  abuses  or  disorders 
that  may  happen  either  this  night,  Tuesday  and  Wednesday,  being  the 
tym  of  the  mercat  and  that  the  number  of  persons  who  are  to  guard  each 
night  doe  not  exceed  12  or  16  in  case  the  magistrats  doe  not  find  thcr 
happen  a  necessity  for  more. 

August  2nd. — The  Councill  being  informed  that  Mr.  Adams  the 
Architect  is  to  be  very  soon  at  Innes  House  the  Councill  appoint  the 
Magistrates  to  wait  on  Mr.  Adams  and  take  his  advice  in  relation  to  the 
building  a  spire  on  the  steeple  of  the  Church  of  Elgin. 

Accounts  of  the  Collector  of  the  two  pennies  upon  the  pynt  25th 
March,  1735,  to  25th  March,  1736:  charge  £56  i8s.  gd.  Stg.,  Discharge 
£33  173.  4d.  Stg. 

August  7th. — The  magistrats  having  ridden  the  town's  marches  and 
that  of  the  lands  of  Mostowie  find  that  the  tenants  of  Leggat  had  casten 
peats  in  the  Moss  of  Mostowie  and  that  Lord  Bracco's  tenants  had  made 
some  incroachments  upon  the  south  side  of  the  moss  and  had  laboured  a 
part  of  the  same  which  the  Magistrates  saw  under  corn.  The  magistrats 
took  instruments  of  interruption. 

October  nth. — The  magistrates  resolve  to  build  a  mealhouse  as  a 
too-fall  to  the  Tolbooth. 

The  baillies  are  appointed  to  draw  out  a  list  of  guards  in  the  several 
quarters  and  each  baillie  to  search  houses  for  lint  and  shops  for  gun 
powder. 


I737-J  TOWN  COUNCIL  MINUTES.  443 


1737- 

February  2ist. — The  Toun  Councill  enact  that  no  inhabitants  sell  ale, 
beer  or  spirits  except  burgesses  and  that  no  burgesses  sell  such  except 
they  can  accommodate  strangers  especially  the  King's  troops  in  sufficient 
quarters. 

A  feu  is  to  be  given  to  Dr.  Brodie  on  the  east  and  south  of  his 
enclosure  below  Main.  It  will  sow  5  or  6  firlots  bear.  Feu  duty,  5s.  Sc. 

April  i  ith. — The  Council  enact  that  none  of  the  inhabitants  allow  their 
cattle  to  travel  through  the  laboured  land  and  about  the  town  or  make 
any  byroads  through  the  corns  or  lint  growing  also  that  none  presume  to 
cast  or  lead  peats  or  win  fir  out  of  the  town's  mosses  without  ane  expres 
warrand  from  the  Toun  Council  and  that  none  presume,  children  or 
others,  to  throw  balls  or  stones  upon  any  of  the  gavells  of  the  kirk  that 
may  prejudge  the  west  light  and  be  occasion  for  breaking  of  the  vindows. 

April  25th. — The  Council  give  in  loan  £500  Sc.  to  James  Mill, 
merchant,  and  Alexander  Dick,  glover,  out  of  the  moneys  arising  from 
the  two  pennys  in  the  pint  ale. 

June  6th. — The  magistrats  write  Lord  Bracco  anent  incroachrncnts 
made  by  his  tenants  on  the  mosses  of  Mostowie  and  their  threatning  the 
town's  officers. 

June  2Oth. — The  Magistrats  &c.  are  appointed  to  perambulate  the 
marches  of  Mostowie  with  Tulloch  of  Tannachie,  Lord  Bracco's  factor. 

July  25th. — William  Forbes,  the  town's  Agent,  Edinburgh,  reported 
that  there  is  no  alteration  in  the  tax-roll  and  that  the  convention  of 
burrows  agreed  unanimously  to  give  the  city  of  Edinburgh  £1000  Stg. 
to  help  to  pay  the  fyne  imposed  by  the  Parliament  anent  Mr.  Porteous 
affair  wherof  this  toun's  share  will  be  about  505.  Stg.  yearly  for  three 
years. 

The  Council  allow  Mr.  Duncan,  minister  of  Longbryde,  to  win  and 
burn  two  kilnfulls  of  limestone  out  of  the  toun's  muirs. 

August  22nd. — Presented  in  Council  an  extract  of  a  registrat  disposition 
and  assignation  from  James  Crammond  late  Baillie  of  Elgin  to  Jannet 
Cramond  his  eldest  daughter  whereby  he  mortifies  to  the  poor  of  Elgin 
500  merks  Sc.  and  nominates  the  Magistrats  and  ministers  to  be  patrons 
of  the  mortification. 


444  RECORDS  OF   ELGIN. 

October  3rd.— Thomas  Purse,  late  Hospital  master,  presented  ane 
charge  of  horning  he  has  got  at  the  instance  of  Thomas  Forbes  of  Echt  as 
having  a  gift  from  the  Crown  to  the  Chaplanries  for  ten  pounds  Scots 
yearly  as  the  rent  of  the  Chaplanrie  of  Green  called  the  Ordor  Pot  which 
being  considered  by  the  Council  they  appoint  the  same  to  be  suspended 
with  a  charge  given  the  gildrie  for  ten  merks  yearly  for  the  rent  and 
profitt  of  St.  Kathrin's  crofts  upon  the  comon  expence  of  the  toun  and 
gildrie. 

There  being  severall  french  doyts  brought  in  to  the  toun  by  severall 
strangers  contrair  to  law  it  is  to  be  intimated  that  none  of  the  burgesses 
or  inhabitants  presume  to  receave  or  give  out  the  said  doyts  under  the 
penalty  of  being  deallers  in  false  coyn. 


1738. 

January  Qth. — Soldiers  are  now  lying  in  the  town  and  a  billetmaster 
is  appointed  at  a  salary  of  three  pounds  Sc.  monthly. 

January  23rd. — The  inhabitants  are  ordered  to  keep  guard  from  this 
day  till  /th  April.  The  guard  to  consist  of  16  men  each  night. 

The  Council  offer  a  reward  of  IOO  merks  for  the  discovery  of  the 
party  who  broke  open  a  shop  or  cellar  belonging  to  Robert  Duff, 
merchant,  and  stole  several  merchant's  goods. 

March  I3th. — The  Council!  considering  that  their  predecessors  and 
the  community  of  this  Burgh  have  good  and  undoubted  right  to  the 
white  fish  taken  by  the  fishers  of  Burghsea,  Stotfield  and  Causea  for  the 
benefit  of  the  town  and  the  adjacent  country  conform  to  the  town's 
rights  and  infeftments  in  virtue  whereof  the  Magistrates  of  Elgin  have 
been  in  use  and  wont  to  fine  the  fishers  of  the  said  three  towns  when  they 
did  not  bring  their  white  fish  to  the  Elgin  mercate  and  the  Council 
considering  that  these  fishers  do  now  sell  their  white  fish  to  other  persons 
than  inhabitants  of  this  burgh  and  do  not  bring  them  to  the  Elgin 
mercate  recommend  the  magistrates  to  hold  a  court  at  Burghsea  and  fine 
the  said  fishers  for  their  transgressions  in  the  same  way  that  their  pre- 
decessors did  and  the  Councill  appoints  the  burgesses  to  attend  the 
Magistrates  to  Burghsea  on  that  said  court  day. 


1738.]  TOWN   COUNCIL  MINUTES.  445 

The  provost  delivers  the  memorial  and  queries  relative  to  the  Magis- 
trates having  power  to  choose  a  precentor,  musick  master  and  session 
clerk  with  Mr.  James  Graham  of  Airth's  answers. 

April  3rd. — The  Court  was  held  at  Burghsea  and  the  seamen  and 
fishers  were  examined.  A  court  is  to  be  held  at  Elgin  on  I2th  April. 

May  1 5th. — The  Councill  appoint  all  the  farmers  and  others  that  have 
horses  to  give  ane  yoking  of  them  for  carrieing  stones  and  sand  for 
repairing  the  high  road  that  leads  from  the  School  Wynd  to  the 
muirs  besouth  the  Cattaills  and  to  carrie  what  stones  from  the  Order 
Pott  whcr  they  now  ly  to  the  ford  or  passadgc  of  Tayock  that  leads  to 
the  Walk  Miln  in  order  to  make  a  bridge  to  be  carried  to  the  Malt  Foorcl 
in  order  to  make  a  bridge  there.  Each  absent  to  be  fined  4od.  Sc. 

The  tacksman  of  the  Petty  Customs  petitions  the  Town  Councill 
against  forestallers,  &c. 

July  loth. — Incroachers  upon  the  mosses  of  Mostovvie  to  be  charged 
before  the  Sheriff  Court 

September  23rd. — The  Council  did  receive  Lord  Bracco  as  their 
vassal  to  the  Greens  and  Muirs  of  Mostowie  formerly  feued  off  to  Mr. 
William  Sutherland  of  Rosecomon,  and  which  lands  are  now  adjudged 
from  the  said  Mr.  William  Sutherland  be  the  said  Lord  Braco  conform 
to  the  decrcet  of  adjudication  of  date  3ist  December,  1729. 

The  Council  compounded  Lord  Braco's  entrie  to  300  merks  Sc. 

The  Council  also  (25th  September)  include  in  the  charter  the  arable 
lands  of  Mostowie  and  now  compound  his'entrie  to  £13  us.  8d.  Stg. 

October  3Oth. — Act  declaring  that  the  expence  of  plea  about  the 
Session  Clerk,  precentor  and  keeper  of  the  Records  of  Baptisms  and 
Marriages  shall  be  paid  out  of  the  common  good.  Mr.  James  Graham 
advised  that  the  Magistrals  and  Town  Council  had  good  and  undoubted 
right  to  elect  to  these  offices. 

Copie  Charter  of  Adjudication  William  Lord  Bracco  upon  the  Arable 
Lands,  Greens  and  Muirs  of  Mostowie,  1738.  [Boundaries  as  on  pp. 
384-5  atitea.] 

These  lands  were  adjudged  to  William  Duff  of  Braco  in  payment  of 
£26,725  1 8s.  4d.  Sc.  The  charter  reserves  that  part  of  the  greens  of 
Mostowie  formerly  feued  to  the  deceased  Francis  Brody  of  Miltown  and 
thereafter  possessed  by  Joseph  Brody  of  Miltown  his  son.  Redeemable 
always  in  manner  aftermentioned  [not  given  however].  Paying  to  the 


446  RECORDS  OF   ELGIN.  [1740. 

burgh  yearly  for  the  arable  lands  of  Mostowie  and  four  tacks  thereof  the 
sum  of  16  merks  Sc.  and  for  the  said  muirs  and  greens  of  Mostowie  the 
sum  of  59  merks  Sc. 

The  Town  Council  resolve  not  to  submit  the  plea  with  Dunkinty  nor 
the  plea  with  the  minister  and  kirk-session. 


1739- 

January  22nd. — The  Town  Council  resolve  to  roup  the  burrow  lands 
opposite  to  the  High  Street  next  the  croce  which  belonged  to  the 
deceased  Robert  Innes,  merchant,  Elgin,  they  having  been  of  a  long  tym 
past  ruinous  and  waste. 

May  2 1 st. — The  keys  of  the  prison  where  James  Mill  the  criminall 
lyes  imprisoned  was  delivered  to  Deacon  Purse  to  be  kept  by  him  till 
next  Councill  day. 

July  iith. — The  town  have  carried  their  cause  before  the  Lords  of 
Session  in  the  action  pursued  by  Dunkinty  and  Bailie  McKenzie  against 
the  town. 

October  ist. — The  town's  hyrers  and  others  haveing  carts  and  horses 
are  appointed  to  give  ane  yoaking  of  ther  horses  for  leading  stones  for 
helping  the  high  road  that  passes  through  the  Cattails. 


1740. 

May  5th. — The  Shambles  Maills  were  rouped  by  Alexander  Roust, 
master  of  the  Musick  School,  and  carried  by  him  at  the  yearly  rent  of 
£36  6s.  8d.  Sc. 

May  i6th. — The  Councill  considering  that  there  is  a  scarcity  of  meall 
and  corn  within  this  town  and  that  the  inhabitants  therof  cannot  get 
meall  and  corn  to  buy  for  their  money  impower  the  magistrals  to 
purchase  from  Gilbert  Gordon,  merchant  in  Inverness,  100  bolls  bear 
and  100  bolls  of  victual  oats  compting  five  firlots  of  oats  to  the  boll,  each 
boll  of  bear  and  oats  at  the  rate  of  10  merks  per  boll. 

June  27th. — All  persons  cutting  the  roads  through  the  Moss  of  Mos- 
towie to  be  fined  and  the  peats  casten  by  the  tenants  of  the  Leggat  in 


I74I-]  TOWN   COUNCIL  MINUTES.  447 

that  moss  to  be  broken  and  casten  into  the  peat  pots  in  regard  these 
tenants  have  no  title  to  cast. 

October  27th. — The  Council  advance  five  guineas  to  Bailie  Baync, 
Dingwall,  on  his  petition  for  aid  and  support  of  the  burgh  of  Dingwall 
owing  to  some  criminal  practices  used  against  the  Magistrates  and  Town 
Council  of  Dingwall  at  their  last  Michaelmas  Election. 


1741. 

February  pth. — The  Council  accept  of  Sir  Harie  Innes  of  Innes's 
offer  of  200  bolls  oatmeal  at  8  stone  the  boll  for  behoof  of  the  poor  at 
.£8  Sc.  per  boll  and  they  approve  of  the  bargain  of  victual  made  with 
Ludovick  Dunbar  of  Westfield  for  100  bolls  victual  one  half  bear  and  the 
other  half  oats. 

February  i6th. — The  Council  agree  to  buy  100  bolls  of  bear  from  Sir 
Robert  Gordon  of  Gordonstoun. 

April  6th. — The  Council  considering  that  by  reason  of  the  scarcity  of 
victuall  has  occasioned  tumults  and  mobbs  wherby  the  inhabitants  are 
in  danger  everie  night  therfor  the  Council!  appoint  the  Magistrats  the 
Baillies  everie  one  of  them  to  take  ane  quarter  of  the  town  and  appoint 
twenty  men  to  guard  everie  night  by  turns  and  appoint  captains  for 
commanding  them  as  also  to  search  everie  familie  they  suspect  that 
lodge  vaggrants  and  idle  persons  and  immcdiatly  take  them  up  untill 
they  make  ane  just  accompt  of  themselves  and  that  everie  Baillie  take 
ane  tradesman  and  officer  for  ther  assistance. 

April  1 3th. — The  magistrates  on  9th  curt,  bought  from  Sir  Robert 
Gordon  of  Gordonstoun  150  bolls  bear  and  oats  for  £1275  Sc.  On  I4th 
March  they  bought  from  Sir  Harie  Innes  100  bolls  oatmeall  at  .£8  Sc. 
per  boll  for  the  use  of  the  poor. 

April  23rd. — The  Council  taking  to  their  consideration  that  the  prices 
of  victuall  are  still  upon  the  riseing  and  that  the  magistrates  were  to  pay 
£10  Sc.  for  the  boll  of  bear  appoint  that  the  peck  of  oatmeall  be  sold  at 
IDS.  Sc.  and  the  peck  of  bear  meal  at  8s.  Sc.  at  the  rate  of  eight  pounds 
the  peck. 

May  4th. — The  magistrates  have  bought  from  Alexander  Brodic, 
merchant  in  Elgin,  factor  to  the  Laird  of  Grange,  150  bolls  bear  at  i6s. 
Stg.  the  boll. 


448  RECORDS  OF   ELGIN.  [l74'- 

June  1 5th. — The  Councill  give  warrand  to  the  magistrats  to  sell  50 
bolls  of  the  town's  bear  to  three  maltmen  in  Elgin  seeing  that  there  are 
several  publict  houses  in  town  that  cannot  get  malt  to  buy  and  that 
there  are  some  bear  upon  the  toun's  hands  more  than  will  serve  the  poor. 

Copie  Charter— John  Duff,  merchant  in  Elgin,  upon  the  lands  of 
Cattails  belonging  to  Mr.  John  Paul,  minister  at  Rothes  [here  recorded]. 
Bounded  as  follows :  All  and  haill  that  part  and  portion  of  the  lands  of 
Cattaills  bounded  at  the  north  by  the  burn  of  Tyock  from  the  bridge 
upon  the  said  burn  in  the  middle  of  the  highway  that  leads  from  Elgin 
to  Muretown  of  Linkwood  and  goeing  up  the  said  burn  as  it  presently 
runs  from  the  said  bridge  to  the  west-most  end  of  the  Cattails  which 
burn  is  the  north  march  of  the  said  lands  and  at  the  west  by  the  found 
of  an  old  dyke  and  ditch  formerly  built  and  casten  by  the  deceast 
William  Paull,  merchant,  and  one  of  the  bailies  of  Elgin  to  divide  his 
lands  of  Cattails  from  the  commonty  of  Elgin  which  dyke  and  ditch  runs 
from  the  burn  of  Tayock  along  the  west  end  of  the  Cattaills  to  another 
dyke  and  ditch  which  divides  the  lands  of  Cattails  from  the  commonty  of 
Elgin  at  the  south  and  which  dyke  and  ditch  begins  on  the  south  side  of 
the  wcstmost  part  of  the  Cattails  and  runs  eastward  therefrom  twixt  the 
lands  now  fcucd  of  to  James  Warden,  merchant  in  Elgin,  and  the  saids 
lands  of  Cattails  untill  it  comes  to  a  part  of  the  said  Cattails  formerly 
disponcd  by  the  said  deceased  William  Paul  to  William  Ross  sometime 
bailie  of  Elgin  now  belonging  to  the  said  John  Duff  which  is  divided 
from  the  other  part  of  the  Cattails  by  a  dyke  and  ditch  passing  north- 
ward as  the  said  dyke  and  ditch  runs  to  a  part  of  the  Cattails  formerly 
possest  by  James  Leslie  in  Hungryhall  now  by  John  Sutherland,  wig- 
maker  in  Elgin,  and  from  thence  passing  eastward  by  a  ditch  which 
divides  the  lands  presently  possest  by  the  said  John  Sutherland  from  the 
said  lands  now  belonging  to  the  said  John  Duff  until  it  comes  to  the 
forsaid  highway  which  leads  from  Elgin  to  Muretown  of  Linkwood  from 
thence  passing  northward  by  a  ditch  upon  the  west  side  of  the  said 
highway  to  the  bridge  upon  Tyock  formerly  mentioned  where  the  said 
bounding  began. 

July  27th. — The  baillies  have  bought  from  William  Simpsone,  junior, 
merchant  in  Aberdeen,  100  bolls  Dutch  oats  at  £8  153.  Sc.  per  boll. 

August  3rd. — The  Magistrats  have  bought  100  bolls  oatmeal  from 
Charles  Hay  of  Rannes  and  James  Thain,  merchant  in  Banff,  at  £9  Sc. 
per  boll. 


1 743.]  TOWN   COUNCIL  MINUTES.  449 

Between  Candlemas  and  Lambmas,  1741,  the  Toun  Council  bought 
899  bolls  meal  and  bear  for  £8089  175.  4d.  Loss  sustained  thereon 
£68$  12s.  4d. 

1742. 

October  25th. — James  Ogilvie  (eldest  son  of  the  deceased  James 
Ogilvie  of  Pittensear  and  his  spouse  Margaret  Stuart)  and  his  spouse 
entered  to  the  lands  of  Pittensear  i.e.  the  half  davoch  of  the  lands  of 
Pittensear  commonly  called  Easter  Pittensear. 

The  Council  fix  the  duty  of  each  boll  of  malt  brought  to  the  town 
for  sale  from  the  country  at  5d.  Sterling. 


1743- 

February  2ist. — James  Ogilvie  of  Pettinsear  entered  to  two  aughten 
part  and  Kemp's  acre  which  belonged  to  Archibald  Chalmcr  of  Petenseir 
which  arc  disponcd  to  him  by  John  Duff,  merchant  in  Elgin  and  Helen 
Chalmer,  sister  german  to  the  said  Archibald  Chalmer  which  entry  and 
composition  therefor  was  given  by  the  Toun  Council  to  the  said  James 
Ogilvie  upon  the  consideration  of  his  services  and  father's  to  the  town. 

October  3rd. — John  Laing  who  was  Commissioner  from  this  burgh  to 
the  Royall  Burrows  presented  to  the  Counccll  the  resolution  of  the 
Convention  of  the  Royall  Burrows  dated  the  sixth  day  of  July  last  anent 
the  discourageing  and  preventing  the  excessive  and  universal!  use  of  tea 
and  foreign  spirits  which  resolution  was  publictly  read  in  Councill  and 
appointed  to  be  recorded  in  the  Councill  books  this  day.  The  Council 
record  their  opinion  that  a  law  should  be  obtained  and  past  preventing 
the  excessive  and  universall  use  of  tea  and  foreign  spirits. 

Resolution  of  the  Burrows :  "  The  Convention  haveing  taken  under 
their  serious  consideration  the  unhappy  circumstances  to  which  this  part 
of  the  United  Kingdom  is  reduced  through  the  universal  and  excessive 
use  of  Tea  and  foreign  spirits  to  which  all  Ranks  even  the  very  meanest 
of  the  people  are  tempted  by  the  low  prices  at  which  such  commodities 
when  run  are  afforded  by  the  smugler  and  observing  with  deep  concern 
that  the  unrestricted  use  of  such  foreign  goods  for  the  purchase  whereof 

H  2 


450  RECORDS  OF  ELGIN.  [l743- 

the  coin  of  this  country  has  year  after  year  been  exported  till  at  last  the 
scarcity  of  bullion  is  very  sensibly  felt  has  in  a  great  measure  supplanted 
the  consumption  of  malt  liquors  and  spirits  made  of  grain,  the  growth  of 
this  country  whereby  the  value  of  barley  and  all  grains  fit  for  malting 
must  necessarily  be  reduced  to  the  very  great  and  unavoidable  loss  of  all 
landlords  and  farmers  over  the  kingdom  and  is  manifestly  the  cause  of 
the  shortcoming  of  the  duty  of  Two  pennies  on  the  pint  in  all  the  Royal 
Burrows  that  have  obtained  grants  of  such  dueties  as  well  as  of  the 
remarkable  sinking  of  the  publick  Revenues  which  do  not  produce  at 
present  sufficient  to  answer  the  annuity  provided  by  Act  of  Parliament 
for  promoting  fisheries  and  manufactures  and  being  under  the  strongest 
and  most  melancholy  apprehensions  that  this  destructive  practice  if  not 
speedily  and  effectually  prevented  will  complcat  the  ruin  of  this  country 
and  blast  all  the  hopes  that  were  entertained  of  retrieving  it  by  promoting 
manufactures  Have  unanimously  resolved"  to  consider  means  of  correct- 
ing this  evil  by  applying  to  Parliament,  &c. 

The  Guildrie  and  Trades  petition  the  Toun  Council  anent  the  decay 
of  Trinity  Fair  of  Elgin,  one  of  the  best  mcrcates,  if  not  the  first, 
throughout  the  year,  having  suffered  by  a  mercate  set  up  at  Keith  and 
kept  the  week  before  certainly  with  a  design  to  supplant  and  undoe  our 
Trinity  mercate  as  their  other  mercate  called  Summer  Eve's  Fair  was  to 
ruin  our  Saint  Giles  mercate.  They  petition  that  no  inhabitant  be 
allowed  to  countenance  the  said  market  at  Keith  "  under  such  penaltys  as 
your  Honours  shall  judge  proper." 

At  a  Head  Court  it  was  agreed  to  hold  Trinity  mercate  upon  the  last 
Tuesday  and  Wednesday  of  May  in  place  of  the  first  Tuesday  and 
Wednesday  of  June  and  "  the  whole  meeting  unanimously  agreed  that 
none  of  the  inhabitants  shall  for  the  space  of  five  years  buy  or  sell  at  the 
new  mercate  of  Keith  under  a  penalty  not  exceeding  fourty  pounds 
Scots  without  a  Licence  from  three  of  the  Magistrals." 

November  28th. — James  Robertson,  merchant,  entered  gratis  to  two 
aughten  parts  which  pertained  to  the  deceased  Alexander  Brodie  of 
Tilleburies  and  were  disponed  by  George  Brodie,  eldest  son  of  the  said 
Alexander  Brodie  in  respect  the  said  James  Robertson  did  in  the  year 
1740  being  the  time  of  dearth  and  scarcity  sell  to  the  town  for  the  use  of 
the  poor  a  certain  quantity  of  meall  at  a  lower  rate  than  what  the 
Councill  bought  from  others. 


1 745-]  TOWN   COUNCIL  MINUTES.  451 


1744. 

January  23rd. — The  treasurer  is  appointed  to  send  advertisements  to 
the  several  parishes  upon  Speyside  and  to  the  westward  and  also  to 
advertise  in  the  Courant  and  Caledonian  Mercury  that  Trinity  Fair  in 
Elgin  is  to  be  held  yearly  upon  the  last  Tuesday  and  Wednesday  of  May. 

April  2nd. — The  Councill  appoint  the  Toun's  Statutes  to  be  published 
Fryday  nixt  over  the  Cross  by  ordering  the  drum  to  intimat  the  same. 

June  6th. — The  Councill  having  considered  a  pamphlet  transmitted  by 
the  Lord  Provost  of  Edinburgh  to  the  magistrates  here  wherein  the 
pernicious  and  destructive  consequences  of  smuggling  foreign  comodities 
particularly  tea  and  brandie  are  sett  furth  in  the  most  evident  and  clear 
light  and  being  perswaded  that  the  continued  practice  of  smuggling  said 
comoditys  particularly  tea  and  brandie  has  not  only  sett  aside  the  fair 
trader  from  dealling  therein  but  must  unavoidablie  terminat  in  the  ruinous 
destruction  of  the  nation  by  draining  it  wholy  of  its  coyne  being  sent  of 
the  country  to  purchase  that  the  immoderat  and  excessive  use  whereof  if 
not  put  ane  effectual  stop  to  must  for  want  of  consumpt  reduce  our  grain 
the  cheif  and  principall  comoditie  of  our  country  to  the  lowest  price  yea 
make  it  a  drug  upon  the  hands  of  gentlemen  and  farmers  and  being 
sensible  what  a  great  hindrence  the  runing  of  foreigne  goods  is  to  the 
fishing  all  over  the  nation  They  doe  unanimously  Resolve  to  discourage 
to  the  outmost  of  their  power  for  the  future  the  smuggling  of  all  foreigne 
goods  particularly  such  as  interfier  with  or  hinder  the  consumption  of  our 
natural!  product  and  especially  of  tea  and  brandie  that  so  the  excessive 
and  immoderat  use  therof  may  be  prevented  and  doe  exort  all  the  trading 
persons  and  inhabitants  of  this  burgh  to  resolve  in  like  manner  upon 
what  seems  to  be  absolutly  necessar  for  the  good  of  the  Nation. 

[Bond  by  the  deceased  James  Brodie  of  Whitehill  and  James  Brodie 
in  Monaughtie  for  2000  merks  lent  them  by  the  magistrates  out  of  the 
impost  upon  the  two  pennies  in  the  pynt.] 


1745- 

April  1 5th. — The  Councill  being  informed  that  the  high  wayes  leading 
to  the  town  are  much  damaged  so  that  horse  and  carts  cannot  conveni- 


452  RECORDS  OF   ELGIN.  [1745. 

entlie  travell  and  that  the  school  port  is  in  danger  of  falling  appoint  a 
committee  of  inspection. 

The  Council  appoint  John  Duff,  merchant,  to  purchase  150  bolls 
oatmeal. 

May  1 3th. — The  meal  bought  at  £6  Sc.  the  boll  (8  stone  per  boll) 
and  to  be  sold  to  the  inhabitants  at  id.  Stg.  the  pound  Scots. 

June  i  Jth. — The  Bow  Bridge  at  the  west  end  of  this  burgh  being  in 
great  danger  by  the  current  of  the  water  of  Lossie  undermining  the 
foundation  of  the  south  side  of  the  said  bridge  and  workmen  of  skill 
stating  that  the  throwing  in  of  ane  competent  number  of  stones  of 
quarric  rubbish  will  be  sufficient  the  Town  Council  make  arrangements 
for  this  being  done. 

July  23rd. — Perambulation  of  the  mosses  of  Mostowie  at  a  Head 
Court.  The  magistrates  find  encroachments  made  especially  by  the 
Duke  of  Gordon's  tenants  of  Legate.  John  Gordon,  factor  to  the  Duke 
writes  insinuating  that  they  have  a  right,  therefore  the  magistrates  to 
assert  the  town's  right  and  to  prevent  such  incroachments  in  time  coming 
ordered  such  of  the  peats  as  were  dry  and  could  be  carried  to  be  led  to 
the  town  of  Elgin.  List  of  the  persons  (35  in  all)  who  destroyed  the 
peats  : — Laurence  Sutherland  son  to  Laurence  Sutherland  of  Greenhall, 
Alexander  Ogilvic  son  to  John  Ogilvie,  post  in  Elgin,  John  Purse  son  to 
Alexander  Purse,  staymaker,  Robert  Philp,  son  to  Hugh  Philp,  glover, 
&c. 

List  of  the  persons  (9  in  all)  who  led  the  peats : — William  Batcho, 
hyrcr,  &c. 

List  of  the  witnesses  to  the  above  : — Evandcr  McKiver,  shoemaker, 
Mr.  James  Munro,  master  of  the  Grammar  School,  with  many  others. 

September  2nd. — The  Magistrals  and  Councill  considering  the  danger 
of  allowing  lead,  powder  and  ball  to  be  in  the  possession  of  privat  persons 
at  a  tyme  when  it  may  be  seized  and  made  a  bad  use  of  unless  it  be 
taken  into  publick  custody  doe  therfor  for  obviating  any  inconveniency 
that  may  insue  order  and  appoint  the  Dean  of  Gild  and  thesaurer  to 
visile  the  shops  and  warehouses  of  the  merchants  within  this  burgh  and 
to  take  and  receive  from  them  what  amunition  they  shall  find  in  their 
said  shops  etc.  and  to  grant  their  recepts  therfor  and  which  ammunition 
they  are  to  cause  carry  and  loge  in  the  fifth  vault  of  the  tolbooth  of  this 
burgh  until  the  Magistrals  and  Councill  give  further  orders.  The  Councill 


1 745-]  TOWN   COUNCIL  MINUTES.  453 

further  recommend  to  the  magistrals  to  constitute  guards  of  the  Burgeses 
and  inhabitants  or  to  appoint  a  certain  number  of  them  to  keep  watch  in 
the  night  tyme  for  the  preservation  of  the  peace  of  the  burgh  and  to  give 
such  order  and  instructions  theranent  as  to  them  shall  seem  proper  and 
the  exigency  of  the  tymes  shall  require  and  for  that  end  appoints  a 
generall  List  of  the  Inhabitants  and  burgeses  to  be  made  up.  The 
Councill  further  recommend  to  the  Magistrals  to  make  such  ordinance 
anent  the  delivery  up  of  the  said  amunition  as  that  the  whole  quantity 
in  private  hands  may  be  delivered  up  and  that  none  shall  be  sold  with- 
out a  licence  from  the  magistrals. 

[September  loth. — Sir  Harry  Innes  of  Innes  wrote  to  Mr.  Grant  (son 
of  Sir  Ludovick  Grant  of  Grant)  from  Elgin  :  "  We  ar  hear  in  a  pcrpetuall 
alarm  for  Glenbucket ;  he  took  some  of  the  Duke  of  Gordon's  horses  and 
arms  this  morning  .  .  .  This  allarm  and  search  for  horses  has  deter- 
mined me  to  send  mine  under  your  protection."  From  Chiefs  of  Grant.} 

November  i8th. — The  Councill  takeing  it  to  their  consideration  the 
expediency  and  usefullness  of  haveing  a  well  in  the  midlc  of  the  town 
for  the  conveniency  of  the  inhabitants  especially  for  extinguishing  fire 
they  resolved  to  build  a  well  in  the  most  convenient  part  of  the  High 
Street  according  to  the  breadth  or  diameter  of  the  well  called  the  New 
Well  near  the  Litle  Cross. 

December  2nd. — A  guard  to  be  appointed  for  Tuesday  and  Wednesday 
being  ane  publict  mercat  tym  15  men  upon  Tuesday  and  24  or  30  on 
Wednesday  from  nine  in  the  morning  till  the  nightly  guard  sett  to 
prevent  any  violence  or  disturbances  that  may  happen. 

[There  are  no  minutes  of  Town  Council  extant  between  2nd  December, 
1745,  and  i  pth  May,  1746.  Prince  Charles  Edward  Stuart  arrived  at 
Elgin  from  Inverness  in  the  middle  of  March,  1746,  and  spent  eleven 
days  there  and  at  Gordon  Castle  where  he  was  befriended  by  Lord 
Lewis  Gordon,  but  not  by  his  brother  the  Duke  of  Gordon.  He  returned 
to  Inverness  before  the  close  of  the  month. 

"  While  in  Elgin  the  Prince  lived  in  Thundcrton  House  then  occupied 
by  Mrs.  Anderson  of  Arradoul.  When  on  this  visit  he  became  very  ill, 
and  was  in  danger  for  two  days.  The  usual  remedy  of  the  period 
(bleeding)  was  used  and  the  inflammatory  cold  was  checked,  which  a 
writer  of  the  day  states  '  caused  a  joy  in  every  heart  not  to  be  expressed.' 
Mrs.  Anderson  of  Arradoul  (Rebecca  Dunbar),  invariably  called  Lady 


454  RECORDS  OF   ELGIN.  [l745- 

Arradoul,  was  the  eldest  daughter  of  Archibald  Dunbar  of  Thunderton. 
She  first  married  Robert  Gordon,  grandson  of  Sir  Ludovick  Gordon  of 
Gordonstown,  by  whom  she  had  several  daughters  ;  and,  secondly, 
Alexander  Anderson  of  Arradoul  in  Enzie.  She  was  a  great  Jacobite, 
and  so  much  attached  to  the  Prince  that  she  carefully  preserved  the 
sheets  in  which  he  slept,  and  directed  her  own  body  to  be  wrapped  in 
them  at  her  death,  a  request  which  was  carried  out.  Her  female  servant 
who  then  attended  the  Prince,  married  John  Batchen,  auctioneer  in  Elgin, 
lived  to  the  age  of  106,  and  related  these  events  to  persons  still  alive." 
(Young's  Annals  of  Elgin  :  1879.) 

"  In  anxious  letters  from  Sir  Harry  Innes  and  the  Magistrates  of 
Elgin,  dated  28th  Decr.,  1745,  Mr.  Grant  [son  of  Sir  Ludovick  Grant  of 
Grant]  was  requested  to  march  his  clan  to  their  neighbourhood  for  their 
protection  but  in  face  of  what  had  already  passed  he  did  not  feel  justified 
in  doing  so.  The  Magistrates  complained  that  Macleod  was  marching 
away  from  their  town  towards  Inverness,  leaving  them  exposed  to  the 
oppression  of  the  rebels  and  that  unless  they  received  protection  from 
Mr.  Grant  they  and  the  principal  inhabitants  would  require  to  remove 
with  their  effects  to  some  place  of  safety  especially  as  500  rebels  at 
Strathbogie  uttering  threats  of  heavy  vengeance  were  ready  to  commence 
an  attack.  Sir  Harry  Innes  wrote  in  support  of  this  appeal.  In  his 
reply  to  the  Magistrates  on  the  29th,  Mr.  Grant  assured  them  of  his 
inclination  to  serve  them  and  narrated  the  circumstances  of  his  former 
march  which  was  intended  to  protect  their  town  and  neighbourhood 
and  the  discouragement  he  had  from  those  in  authority.  He  however 
was  of  opinion  that  the  people  of  Elgin  had  no  cause  to  be  alarmed 
unless  a  much  larger  body  of  the  rebels  came  from  Aberdeen  to  join 
those  at  Strathbogie  as  the  latter  would  never  venture  to  cross  the  Spey 
when  Mr.  Grant  was  above  them  and  Lord  Loudoun  so  near  them.  He 
anticipated  that  though  Mr.  Macleod  had  marched  to  Inverness  Lord 
Loudoun  would  send  sufficient  force  against  the  rebels  at  Strathbogie. 
With  respect  to  himself  Mr.  Grant  adds  :  '  In  the  situation  I  am  at 
present  I  am  uncertain  whether  I  am  to  be  attacked  from  Perth  or  by  those 
at  Aberdeen  and  Strathbogie  for  my  late  march.  I  dare  not  promise 
to  march  with  any  body  of  men  but  in  concert  and  with  Lord  Loudoun's 
directions  and  at  the  same  time  I  have  demanded  to  be  assisted  with 
arms  and  encouraged  to  keep  my  men  in  the  proper  way.'  Mr.  Grant 


1 745-]  TOWN   COUNCIL  MINUTES.  455 

and  the  men  under  him  remained  at  Strathbogie  for  some  weeks  until 
about  loth  April  and  joined  the  Duke's  army  at  Cullen  next  day.  His 
party  then  proceeded  to  Elgin  while  he  himself  resolved  to  return  home 
and  raise  the  rest  of  his  clan  to  join  the  royal  forces."  (Chiefs  of  Grant, 
I.,  425.) 

1746,  February  i6th. — Letter,  Ludovick  Grant  of  Grant  to  Sir  Everard 
Falkener  sending  intelligence  :  "  The  best  intelligence  we  have  had  of 
the  division  of  the  rcbells  that  are  comcing  by  the  coast  makes  them  to 
be  about  2000  who  took  different  roads,  through  the  shires  of  Aberdeen 
and  Banff  in  order  to  pick  up  some  monies  and  influence  some  more 
people  but  without,  as  we  hope  and  have  some  reason  to  believe,  much 
success  as  to  the  people,  and  that  they  were  to  be  united  last  night  at 
Fochabcrs  and  this  night,  the  I5th,  at  Elgin,  commanded  by  Lord 
George  Murray,  John  Roy  Stuart,  Lord  Ogilvic,  Lord  Pitsligo,  Lord 
John  Drummand  and  others."  (The  Chiefs  of  Grant.) 

The  rebel  army  caused  great  annoyance  throughout  Morayshirc 
from  i6th  February  to  nth  April,  1746.  They  occupied  the  House  of 
Gordonstown  and  carried  Sir  Robert  Gordon  a  prisoner  to  Elgin,  where 
he  was  detained  for  ten  days  and  thence  he  was  taken  to  Inverness. 

"  Elgin,  5th  March,  1746.  Received  from  John  Brander,  Town 
Treasurer  of  Elgin,  Thirty  two  pound  seven  shillings  four  pence  Ster. 
as  two  terms  Cess  of  the  Town  of  Elgin  due  the  29th  September  and 
25th  December  one  thousand  seven  hundred  and  fourty  five  years  there- 
fore the  same  is  discharged  by  me  as  having  power  from  the  Secretary 
to  His  Royall  Highness  Charles  Prince  of  Wales,  &c.  Jo.  GOODWILLIE. 

"  Sir, — You  are  hereby  ordered  to  pay  unto  Lord  Pitsligo  or  the 
Commanding  Officer  for  his  Royall  Highness  here  all  the  Town  cess  due 
and  that  before  Eleven  o'clock  tomorrow  forenoon  under  the  pain  of 
military  execution.  Given  att  Elgin  of  Murray  the  28  Febr.,  1746.  By 
his  Highness  Command.  J.  MURRAY."* 

On  1 3th  April,  1746  (Sunday),  the  Duke  of  Cumberland  marched 
through  Elgin,  but  did  not  halt  till  he  reached  the  moor  of  Alves.  On 
i6th  April  was  fought  the  battle  of  Culloden.] 

*  From  the  Cadgett. 


456  RECORDS  OF   ELGIN.  [l?47- 


1746. 

May  iQth. — The  Councill  recomend  to  the  Magistrats  to  cause  draw 
up  ane  Address  to  His  Majestic  King  George  anent  the  troubles  suffered 
by  the  Nation  in  general!  and  this  Burgh  in  particular  from  the  Rebells 
and  to  congratulat  his  Majestic  for  our  happic  deliverance  therfrom. 

September  I5th. — The  Town  Council  taking  to  their  consideration 
the  good  offices  and  assistance  given  to  the  magistrates  of  this  Burgh  in 
the  late  troublesome  time  by  William  Burnct,  present  Town  Clerk,  and 
the  great  trouble  he  has  otherwise  taken  upon  himself  in  performing  of 
publick  service  appoint  him  conjunct  clerk  during  life. 

October  6th. — A  petition  having  been  presented  in  favour  of  rouping 
the  vacant  office  of  conjunct  town  clerk  as  was  done  before  in  Edinburgh 
and  in  this  burgh  that  thereby  at  this  time  the  debts  of  the  town  may  be 
cased  and  500  merks  or  more  be  got,  it  carried  by  plurality  of  voices 
that  it  be  not  roupcd. 

November  27th. — The  Magistrats  to  treat  with  James  Russell,  mason, 
to  build  a  bridge  upon  the  burn  of  Tyock  on  the  road  that  leads  to 
Linkwood  and  another  bridge  upon  the  ford  of  the  road  that  leads  to 
Walkmiln. 

James  Russell  offers  to  build  the  bridge  leading  to  Linkwood  12  foot 
broad  and  12  foot  of  a  causay  at  each  end  and  the  other  18  foot  broad 
and  12  foot  of  a  causay  at  each  end  and  three  foot  of  a  wall  at  each  side 
of  both  bridges  for  £\8  Sc.  for  his  own  pains  and  £8  Sc.  for  a  barrow- 
man  the  town  furnishing  and  leading  all  necessary  materials.  The  Town 
Council  accept  the  offer. 


'747- 

February  2nd. — The  Council  allow  James  Thain,  tacksman  of  the 
Petty  Customs  £10  Stg.  in  consideration  of  his  losing  a  considerable 
part  of  the  customs  when  there  were  no  mercats  during  the  time  of  the 
rebels'  stay  in  this  place. 

July  1 3th. — The  Provost  reported  that  there  had  been  a  proposal 
made  to  him  by  some  of  the  country  gentlemen  and  their  tenants  to 


I747-]  TOWN   COUNCIL   MINUTES.  457 

rebuild  the  bridges  over  the  cannals  from  the  Loch  of  Spynie  to  Lossie 
and  that  the  County  Heritors  and  their  tenants  agreed  to  furnish  and 
lead  all  the  materials  for  building  the  said  bridges  and  to  cast  and  red 
the  found  and  to  furnish  barrowmcn  provided  the  town  would  pay  a 
mason  for  building  the  said  bridges.  Agreed  to. 

July  27th. — Perambulation  of  the  marches  betwixt  the  town  and  the 
heritors  of  Linkwood,  Muirytack  and  Main.  Several  encroachments 
appearing  the  town's  cadget  to  be  searched  for  bounding  evidents. 

September  28th. — The  Council  appoint  the  four  baillies  to  take  each 
of  them  a  quarter  of  the  town  and  to  inspect  the  inhabitants'  houses  for 
lint  and  other  combustible  stuff  and  the  shops  for  powder  and  to  put  the 
same  in  sure  places  to  prevent  any  accidents  happening  by  fire. 

October  3rd. — The  big  bells  and  mortcloaths  roupcd  for  a  year  for 
£?S  I2s.  Sc. 

November  i6th. — It  being  reported  in  Council  that  as  there  was  a 
necessity  for  taking  a  Hospital  for  the  sick  men  of  the  troops  lying  here 
the  provost  had  taken  the  laigh  flat  of  a  house  belonging  to  James  Wise- 
man, writer,  at  the  rate  of  one  shilling  sterling  per  week  and  that  it  being 
necessary  to  imploy  another  place  for  the  use  of  the  surgeon  and  nurse 
the  Councill  appoint  the  treasurer  to  pay  the  rent  of  the  house  already 
taken  and  authorize  the  magistrals  to  take  a  house  for  the  use  of  the 
surgeon  and  nurse  and  appoint  the  treasurer  to  pay  such  rent  therefore 
as  the  Magistrats  shall  agree  to  for  the  same  not  exceeding  6d.  per  week. 

The  Council  considering  that  whereas  the  statutes  formerly  made  for 
preventing  fire  have  hitherto  proved  ineffectual  and  that  a  practice  has 
prevailed  of  late  of  thatching  houses  with  heather  whereby  the  neighbour- 
ing houses  are  in  the  greatest  danger  enact  that  in  all  time  coming  no 
house  shall  be  thatched  with  heather  within  this  burgh  under  the  penalty 
of  £50  Sc.  to  be  paid  by  the  proprietor  and  £10  Sc.  by  the  workmen 
employed  in  thatching  such  house  besides  imprisonment  of  the  landlord.* 

December  2ist — The  Council  appoint  the  magistrates  to  write  to  the 
Lord  Advocate  desiring  he  may  be  pleased  to  write  a  Memorial  to  the 
Secretaries  of  State  and  Justice  General  anent  having  one  of  the  Circuit 
courts  at  this  place. 

(*)  Cf.  28  July,   1735  (supra). 
I  2 


458  RECORDS  OF  ELGIN. 


I748. 

The  Council  appoint  two  terms  cess  to  be  levied  anew  which  the 
Rebels  had  levied  from  the  inhabitants  according  to  the  stent  roll  of  the 
cess  for  the  24th  June,  1745,  which  the  rebels  obliged  John  Brander 
collector  of  the  cess  to  exhibit  and  to  attend  the  collecting  thereof.  The 
Council  appoint  that  it  be  paid  to  prevent  the  toun's  being  quartered 
upon.  John  Brown  had  an  order  from  Secretary  Murray  threatening 
military  execution  if  it  were  not  paid. 

The  Town  Council  give  £8  IDS.  Sc.  discount  to  the  Horse  postmaster 
for  the  year  from  Whitsunday,  1745,  to  Whitsunday,  1746,  he  having  been 
a  loser  by  reason  of  the  late  Rebellion's  putting  a  stop  to  all  travelling 
during  that  period. 

March  I4th. — The  town's  Agent  has  received  £2  I2s.  4d.  Stg.  in  part 
of  the  damage  done  by  St.  George's  Dragoons  to  several  people's 
windows. 

July  4th. — The  Magistrals  appoint  to  ride  the  marches  betwixt  the 
town  and  the  lands  of  Main  and  Longhill  and  Brcadhill. 

August  22nd. — The  Council  allow  the  tenants  of  Leggat  the  present 
use  of  the  Moss  of  Mostowic  until  the  matter  is  settled  as  the  Duke  of 
Gordon  is  at  present  abroad. 

The  Magistrates  reported  that  they  with  40  burgesses  [here  named] 
and  several  other  burgesses  had  perambulated  the  marches  betwixt  the 
town  and  Main  and  found  that  the  tenants  of  Bilbohall  had  made  an 
incroachment  upon  the  town's  lands  at  that  piece  of  land  called  the 
Flowers  and  that  the  stone  at  the  end  of  the  dyke  of  the  muir  with 
several  other  march  stones  which  had  been  seen  by  people  present  were 
removed.  Thomas  Hutcheon,  glover,  declared  to  them  that  about  43 
years  ago  he  seed  the  stone  on  Duffushillock  sett  by  Lord  Duffus  when 
Provost  and  that  the  hill  took  its  name  from  that. 

September. —  List  of  arms  lodged  in  the  store  house  at  Elgin  for  the 
use  of  the  Government  by  General  Eland's  orders  and  for  which  the 
provost  gave  his  recept  and  Leutenant  James  Gage  i6th  September 
instant  viz.  151  firelocks,  10  baynots,  23  pistols,  57  broad  swords,  12  small 
swords,  19  durks,  4  hangers  and  4  targets  of  which  arms  severals  are  out 
of  repair  for  want  of  locks  of  some  of  the  guns. 


I/SI-]  TOWN   COUNCIL  MINUTES.  459 

November  /th. — The  treasurer  has  paid  £4  IDS.  for  building  the 
bridges  at  Caysbridges. 

1749- 

July  3rd. — The  Council  considering  that  there  are  several  incroach- 
ments  made  by  the  tenants  of  the  Leggat  and  others  upon  the  town's 
mosses  of  Mostowie  appoint  a  visitation. 

August  I4th. — At  the  visitation  instruments  of  interruption  were 
taken  against  the  tenants  of  the  Leggat.  Some  of  the  peats  were  broken 
and  others  casten  into  the  pots.  Two  of  the  inhabitants  of  Mostowie 
who  had  made  corn  lands  of  the  moss  ground  had  been  fined  before  the 
Baillies. 

July  2nd. — The  mosses  of  Mosstowie  to  be  visited  on  Thursday  next 
and  the  tenants  of  Mosstowie  and  Hillside  to  be  summoned  to  attend. 
The  Council  appoint  Saturday  next  for  the  perambulation  of  the  marches 
betwixt  the  lands  of  Main,  Glassgreen  and  Linkwood  and  appoint 
intimation  to  be  made  to  all  the  burgesses  to  attend  the  magistrates  at 
the  said  visitation  and  perambulation  under  the  penalty  of  four  pounds 
Scots  each  absent  burgess. 

August  1 3th. — A  committee  is  appointed  to  write  Lord  Braco  in 
reference  to  the  incroachments  by  his  tennants  on  the  Moss  of  Mostowie. 
The  magistrates  are  recommended  to  write  Lord  Braco  to  settle  marches 
betwixt  the  laboured  lands  and  the  Moss  of  Mostowie  and  also  to  beg 
the  favour  of  his  Lordship  to  take  off  the  prohibition  from  his  tennants 
in  Pluscarden  and  Coxtown  from  carrying  peats  to  Elgin. 

September  i/th. — The  sett  of  the  burgh  of  date  8th  July,  1706,  here 
recorded. 

I75I- 

January  3rd. — The  bailies  reported  that  on  3oth  November  last  they 
entered  into  a  tack  with  the  fishers  at  Lossiemouth  whereby  the  magis- 
trates had  set  them  a  tack  of  the  boats  and  houses,  the  boats  to  be 
renewed  by  the  Council  at  the  end  of  every  seven  years,  the  fishers  to 
pay  £,60  Sc.  yearly  as  the  rent  of  the  boats,  £2  los.  Sc.  each  in  name  of 
teind  fish  and  six  dry  cods  each  and  to  maintain  the  boats  and  houses  on 


460  RECORDS  OF   ELGIN.  [l75I- 

their  own  charges  and  to  subject  themselves  to  the  jurisdiction  of  the 
magistrates. 

June  1 3th. — New  Method  of  Burying.  Sallies  first  appointed.  The 
provost  represented  that  the  present  method  of  carrying  corps  to  the 
grave  upon  spokes  or  poles  being  not  only  inconvenient  but  burdensome 
and  troublesome  to  the  friends  and  relations  of  the  deceased  that  in 
order  to  prevent  such  inconveniences  in  time  coming  proposed  in  Council 
that  the  toun  should  employ  six  able  bodied  men  for  supporting  and 
carrying  the  corps  and  that  there  shall  be  provided  for  them  black  gowns 
to  be  given  out  at  these  times  which  being  considered  by  the  Council 
they  agree  to  the  proposal  and  authorize  the  magistrates  to  employ  men 
for  that  purpose  and  to  furnish  cloth  and  to  cause  make  gowns  for  them 
and  declare  the  following  fees  shall  be  payed  by  every  one  who  shall 
employ  these  people  and  gowns  viz.  a  shilling  for  each  of  the  men  and 
sixpence  for  each  of  the  gowns. 

August  26th. — Meal  to  be  sold  by  weight  and  not  by  measure  as 
frequent  complaints  have  been  made  on  account  of  it  being  sold  by 
measure. 

September  3Oth. — The  Council  appoint  the  bailies  in  their  visitation 
of  the  town  for  flax,  lint,  gunpowder  and  other  combustible  stuff  to  take 
a  list  of  the  inhabitants  and  to  inquire  for  the  testimonials  of  such  as 
they  suspect  to  be  idle  people  and  cannot  give  an  account  of  their  way 
of  living  and  to  report  to  the  Council!  and  recommend  it  to  the  baillies 
to  acquaint  the  ministers  of  the  tyme  they  are  to  visit  the  town  as  above 
that  they  may  send  some  of  the  ciders  or  member  of  the  Session  in  order 
to  inquire  as  above  into  the  characters  of  persons  suspected  to  be  vagrants 
or  idle  people. 

December  2nd. — The  Council  authorize  the  magistrates  to  purchase 
300  bolls  of  meal  for  the  benefit  of  the  burgesses  from  Lord  Bracco  or 
any  gentleman  in  the  county  to  prevent  any  scarcity  on  account  of 
people's  buying  up  corn  for  export. 

December  1 4th.— In  terms  of  the  Act  of  the  Royal  Burghs  Provost 
Brodie  is  appointed  to  act  with  representatives  from  the  burghs  of 
Inverness,  Forres  and  Nairn  to  inquire  into  the  state  of  the  burgh  of 
Nairn  and  distress  they  are  put  to  by  the  process  at  the  instance  of  the 
heirs  of  the  deceased  Mr.  George  Irvine,  late  Agent  of  the  Royal  Burghs, 


1752.]  TOWN   COUNCIL  MINUTES.  461 

for  the  arrears  of  missive  dues  said  to  be  due  by  the  town  of  Nairn  and 
the  difficulties  they  are  put  to  on  that  account. 

[Hereafter  modern  spelling  is  for  the  most  part  adhered  to.] 


I752- 

February  i/th. — The  Council  considering  the  great  abuses  and 
encroachments  made  upon  the  Mosses  of  Mostowie  and  to  prevent  all 
such  in  future  they  appoint  John  Lamb,  farmer  and  proofman  in  Elgin  to 
be  overseer  and  moss  grieve  of  the  mosses  of  Mostowie.  Salary  £24  Sc. 
for  one  year. 

The  Council  intimate  to  Lord  Braco  that  they  will  accept  of  300  or 
350  bolls  of  his  ferme  meal.  The  Council  agree  to  offer  100  bolls  of 
said  meal  to  the  Trades  in  terms  of  their  request  at  the  price  to  be  paid 
by  the  town  [10  merks  Sc.  per  boll]. 

The  Council  authorise  a  freighting  boat  to  be  purchased  for  James 
Edward,  skipper  at  Lossiemouth,  the  fishers  of  Stotfield  being  allowed  a 
freighting  boat  by  Lord  Lyon. 

August  24th. — The  Council  give  a  tack  for  nineteen  years  of  that  piece 
of  the  ground  on  the  south  side  of  the  Little  Church  betwixt  the 
supporters  thereof  of  about  five  or  six  feet  square  for  building  a  booth 
for  the  yearly  payment  of  I2s.  Sc. 

Rate  of  the  Petty  Customs  of  the  Burgh  of  Elgin  agreed  upon  by 
Act  of  Council  the  24th  August,  1752 :— 

Beasts  Wild  and  Tame.  Ilk  horse  2s.  Ilk  ass,  mule  or  colt  two 
years  old  and  upwards  is.  Ilk  foal  under  two  years  old  6d.  Ilk  ox  or 
cow  or  two  stirks  is.  Ilk  calf  two  years  old  and  under  4d.  Ilk  swine, 
one  year  old  and  upwards  is.  Ilk  sheep  or  goat  6d.  Ilk  gryce,  lamb  or 
kid  2d.  Ilk  swan,  turkey  or  pea  fowl  6d.  Ilk  goose  or  two  capons  4d. 
Ilk  three  hens,  four  ducks  or  five  capons,  4d.  Ilk  two  pair  of  chickens 
or  six  pair  of  pigeons  2d.  Ilk  nine  pence  value  of  all  other  wild  or  tame 
fowl  or  birds  2d. 

Cloth  and  yarns,  woollen,  linen,  cotton  and  silk.  Ilk  eln  woollen 
cloth  milled  or  unmilled,  forty  eight  pence  value  and  upwards  8d.  Ilk 
eln  ditto  thirty  pence  value  and  upwards  to  forty  eight  pence  6d. 
Ilk  eln  eighteen  pence  value  and  upwards  to  thirty  pence  4d.  Ilk  eln 


462  RECORDS  OF   ELGIN.  [l7$2. 

ditto  fourteen  pence  value  and  upwards  to  eighteen  pence  3d.  Ilk  eln 
ditto  from  nine  to  fourteen  pence  value  2d.  Ilk  barred  or  plain  plaid 
nine  elns  and  upwards,  little  and  heel  spun  is.  6d.  Ilk  tartan  bed  or 
black  plaid  ditto  2s.  Ilk  barred  or  plain  plaid  or  blanket  nine  elns  and 
upwards  big  and  heel  spun  is.  Ilk  eln  linen  cloth  from  seventeen  to 
twenty  hundred  threads  in  the  warp  4d.  Ilk  eln  ditto  from  ten  to  four- 
teen hundred  to  seventeen  hundred  threads  ditto  3d.  Ilk  eln  of  all  stuffs 
or  checks  from  fifteen  to  twenty  pence  value  ditto  3d.  Ilk  ten  penny 
value  of  all  other  cloths,  stuffs,  yard,  thread,  green  or  whitened,  dyed  or 
undyed,  whether  woollen,  linen,  cotton  or  silk  2d.  Nota.  The  standard 
for  the  foresaid  ell  is  that  called  the  Flaiden  ell  which  is  38!  inches.  The 
ell  in  use  in  the  south  of  Scotland  is  but  38  inches  and  the  yard  37  and 
called  the  Scots  ell  and  yard  according  to  the  [blank]  standard.  The 
English  or  London  ell  is  45  inches  and  the  yard  36,  their  ell  is  not  used 
in  Scotland  but  their  yard  is.  All  the  foresaid  inches  are  according  to 
the  English  or  London  standard. 

Fish.  Ilk  cart  load  or  two  cross  horse  loads  ditto  of  white  fish,  green  or 
dry,  excepting  salted  cod  or  ling  is.  4d.  Ilk  creel  or  pock,  a  back  burden, 
ditto  4d.  Ilk  sixteen  pence  value  of  salted  cod  or  ling  or  lobsters  2d. 
Ilk  cart  load  or  two  horse  back  loads  of  herring  2s.  Ilk  creel  or  pock,  a 
back  burden  ditto  6d.  Ilk  cart  load  of  two  back  horse  loads  of  mackerel 
33.  Ilk  creel  or  pock  a  back  burden  ditto  and  less  quantities  in  pro- 
portion pd.  Ilk  cart  load  or  two  back  horse  loads  of  salmond  or  grilse 
4s.  Ilk  creel  or  pock  or  back  burden  ditto  and  less  quantity  in  pro- 
portion is.  Ilk  creel  or  pock  a  back  burden  of  oysters  is.  Ilk  creel  or 
back  burden  of  mussels  or  cockles  2d. 

Flesh.  Ilk  carcase  of  ox  or  cow  beef  2s.  Ilk  huddron  or  stirk  or 
three  calves  ditto  is.  Ilk  old  swine  ditto  is.  Ilk  lamb,  kid  or  [blank] 
ditto  2d.  Ilk  hare  or  two  rabbits  carcases  and  skins  2d. 

Fruits  and  Roots.  Ilk  firkin  of  apples  and  pears  6d.  Ilk  firkin  of 
cherries,  geans  or  plums  4d.  Ilk  firkin  of  gooseberries  or  red,  white  or 
black  berries  2d.  Ilk  firkin  of  onions  or  sybowheads  pd.  Ilk  firkin  of 
potatoes  or  two  firkins  of  turnip.  Nota.  This  firkin  is  twelve  inches  wide 
at  bottom  and  mouth  and  contains  eighteen  pints  jug  measure  which  is 
equal  to  nine  gallons  English  wine  or  beer  measure  or  eight  gallons  ale. 

Grains.  Ilk  boll  wheat  or  flour  33.  Ilk  boll  rye  or  pease,  beans  or 
meal  of  ditto  2s.  Ilk  boll  oats  or  oatmeal  2s.  Ilk  boll  bear  or  two  bolls 


1752.]  TOWN   COUNCIL   MINUTES.  463 

of  meal  ditto  2s.  Ilk  boll  of  struck  pease,  beans,  oats  and  bear  43.  Ilk 
boll  hazel  nuts  2s.  6d.  Ilk  boll  of  juniper  berries  2s.  Ilk  boll  of  mustard 
seed  45.  Ilk  ninepence  value  of  all  home  grown  lint  or  hempseed  2d. 
Ilk  ten  pence  value  of  all  garden  seeds  2d.  Nota.  This  corn  firlot  is  22 
inch  2-eighth  inches  wide  at  top  and  bottom  and  it  is  8  inches  i -eighth 
deep  and  contains  32  pints  jug  measure,  the  small  and  flour  firlot  is  \g\ 
inches  wide  and  "j\  inches  deep  and  contains  22  Scots  pints  jug  measure 
the  peck  and  lippie  is  in  proportion  and  all  of  equal  widcncss  at  mouth 
and  bottom  and  all  according  to  the  Scots  or  Linlithgow  measure. 

Mixed  articles  sold  by  Tron  or  Troy  Weight.  Ilk  stone  of  salted 
butter  or  two  stone  of  dried  cheese  8d.  Ilk  horse  back  load  of  fresh 
butter  and  less  in  proportion  33.  4d.  Ilk  horse  back  of  green  cheese  and 
less  in  proportion  is.  8d.  Ilk  horse  back  of  fresh  butter  and  green 
cheese  2s.  6d.  Ilk  stone  of  best  combing  wool  and  coarser  and  shorter 
in  proportion  2s.  Ilk  stone  of  Downs  or  two  stone  of  feathers  2s.  Ilk 
stone  of  bees'  wax  and  home-grown  liquorice  2s.  Ilk  stone  of  rand 
tallow  or  one  stone  one  quarter  rough  ditto  8d.  Ilk  stone  walked  or 
warn  wool  4d.  Ilk  stone  of  once  heckled  lint  and  tiner  and  hards  in 
proportion  is.  6d.  Ilk  stone  of  once  heckled  hemp  and  tiner  and  hards 
in  proportion  is.  Nota.  The  above  mentioned  stone  is  Tronc  or  market 
weight  which  is  stone  and  pound  being  in  all  17  pounds  which  is  equal 
to  21  pounds  4  ounces  shop  weight  called  Old  Scots  or  Amsterdam 
weight  or  23  pounds  9  ounces  and  12  drops  Avoirdupois  or  English  weight. 

Mixed  Articles  of  different  Denominations.  Ilk  cart  load  of  home- 
made earthenware  and  less  in  proportion  2s.  Ilk  pint  of  aquavitae  or  gin 
or  any  home  stilled  spirits  2d.  Ilk  pint  of  brandy  or  rum  or  any  other 
foreign  spirits  4d.  Ilk  cart  load  of  turnips,  carrots  or  onions  with  tops 
and  heads  is.  Ilk  cart  load  of  cabbage  or  any  other  kale  or  pot  herbs 
6d.  Ilk  cart  load  of  green  corn  and  less  in  proportion  6d.  Ilk  cart  load 
of  grass  or  straw  and  less  in  proportion  2d.  Ilk  cart  load  of  brackens 
or  thatching  heather  2d.  Ilk  cart  load  or  two  back  horse  loads  of  lime 
4d.  Ilk  pint  of  bee  honey  6d.  Ilk  two  pints  of  fish  or  train  oil  3d.  Ilk 
dozen  ox  or  cow  horn  spoons  or  three  dozen  sheep  or  goat  ditto  6d.  Ilk 
ten  pence  value  of  all  copper,  brass,  pewter,  iron  or  wire  work  or  of 
saddles,  bridles  all  coach  or  waggon  graith  or  saddler  work  of  any  kind, 
all  stays,  bodies,  pockets  or  other  tailor  work,  all  gloves,  breeches,  purses 
or  other  glover  work  [blank]. 


464  RECORDS  OF  ELGIN.  [l752. 

Skins.  Ilk  ox  or  cow  hide  or  skin,  green  or  undried  8d.  Ilk  huddron 
or  stirk  or  two  calves'  skins  ditto  2d.  Ilk  horse,  ass,  mule  or  deer  or 
three  roe  skins  ditto  3d.  Ilk  sheep,  goat,  swine  or  two  kids  or  lamb 
skins  ditto  2d.  Ilk  dozen  of  ox  or  cow  skins  salted  45.  Ilk  dozen  of  ox 
or  cow  skins  dried  3s.  Ilk  dozen  of  stirks,  horse,  asses,  mules,  or  wild 
buck  or  three  dozen  roe  skins  is.  6d.  Ilk  dozen  of  sheep  or  two  dozen 
slaughtered  lamb  skins  ditto  is.  Ilk  dozen  swine  or  goat  or  two  dozen 
kid  skins  ditto  8d.  Ilk  dozen  of  calf,  badger  or  dog  skins  ditto  6d.  Ilk 
dozen  fox  or  fresh  water  otter  skins  ditto  2d.  Ilk  dozen  selch  or  salt 
watter  otter  skins  ditto  is.  Ilk  dozen  kitt  (?)  or  whcssell  (weasel)  skins  6d. 
Ilk  dozen  of  swan's  skins  is.  Ilk  dozen  of  hare  and  rabbit  skins  4d. 
Ilk  dozen  of  mort  lamb  skins  2d.  Nota.  By  the  above  is  meant  the  best 
of  their  kinds,  right  seasoned  and  free  of  damage,  by  killing,  fleecing, 
drying,  keeping  or  carriage  and  what  is  wanting  by  goodness  is  to  be 
made  up  by  number.  The  general  rules  arc  sucked  cow  and  drawing  ox 
sheep  skins  right  wooled,  wild  leather  and  furs  are  reckoned  best  in  the 
months  ending  with  R. 

Shoes.  Ilk  pair  of  men's  shoes  bend  soles  or  two  pair  women's  ditto 
6d.  Ilk  pair  of  men's  or  women's  shoes  double  soles  of  brogue  leather 
3d.  Ilk  pair  of  brogues  for  men  or  two  pair  ditto  for  women  2d.  Ilk 
two  pair  of  shoes  for  children  2d. 

Stockings.  Ilk  pair  of  stockings  for  men  or  two  pair  of  women's  little 
wheel  spun  4d.  Ilk  pair  of  men's  or  two  pair  women's  stockings  big 
wheel  spun  2d.  Ilk  four  pair  of  stockings  for  children  2d.  Ilk  two  pair 
of  woollen  gloves  for  men  or  women,  or  one  pair  ditto  cotton  2d. 

Wood.  Ilk  cart  two  bodies  or  two  pair  of  wheels  ditto  is.  Ilk  sledge 
or  two  bodies  or  two  pair  of  wheels  ditto  6d.  Ilk  two  axle  trees  for  cart 
or  sledge  2d.  Ilk  plough  or  three  beams  ditto  6d.  Ilk  harrow  hand  or 
peat  barrow  2d.  Ilk  boxed  wheel  barrow  6d.  Ilk  little  spinning  wheel, 
two  big  wheels  ditto  or  two  check  reels  is.  Ilk  cart  load  or  two  horse 
back  loads  of  mire  fir  trees  8d.  Ilk  cart  load  or  two  horse  back  loads  of 
deals  or  boards  is.  6d.  Ilk  three  dozen  of  mire  fir  cabers  or  six  dozen 
lath  ditto  2d.  Ilk  dozen  of  birns  for  hoops  &c.  2d.  Ilk  cart  load  or  two 
horse  back  loads  of  sparwood  or  logs  is.  Ilk  ten  pence  value  of  all  cart, 
sledge,  plough  or  mill  graith  or  other  cartwright  work,  all  chests,  chairs, 
stools,  spades,  staves  and  other  square  wright  work,  all  tubs,  ccas  (?  seys), 
kirns,  kits,  stoups,  cogs  and  other  cooper  work,  all  dishes,  trinchers,  caps, 


1752.]  TOWN   COUNCIL  MINUTES.  465 

ladles,  boxes,  spindles,  forels  and  other  turner  work,  all  riddles,  sculls, 
creels,  mauns  (maunds),  beescaps,  bedmats,  coverlids,  sowms,  thramels, 
rigwoodies,  tethers,  wallropes  (walkropcs),  thrawn  wawns  (wands)  and  all 
other  wood  or  work  of  wood,  straw,  bent  or  rushes  of  whatever  kind  or 
denomination  2d. 

MERCHANDISE. 

Dye  Stuffs.  Ilk  hundred  weight  copcras  6d.  Ilk  cwt.  dyeing  galls 
or  winestone  or  three  cwt.  of  alum  2s.  6d.  Ilk  cwt.  brown  Brisiell 
(Brazil)  wood,  sweet  wood,  yellow  wood  or  fustic  8d.  Ilk  cwt.  of  rock 
or  fifty  pound  weight  of  fig  Indigo  143.  Ilk  pound  weight  cochieneal  or 
twelve  pound  weight  of  aquafortis  is. 

Flax.  Ilk  cwt.  unheckled  lint  and  finer  and  hards  in  proportion,  2s. 
Ilk  ditto  hemp  is.  Ilk  cwt.  of  ropes  or  50  pound  weight  pack  thread  or 
twine  is.  4d.  Ilk  hogshead  of  foreign  lintseed  35. 

Fruits.  Ilk  cwt.  currants,  raisins,  figs  or  almonds  is.  8d.  Ilk  cwt. 
prunes,  chesnuts  or  walnuts  or  carrasow  apples  is.  Ilk  chest  of 
oranges  or  lemons  is.  4d. 

Glass.  Ilk  chese  of  fine  window  glass  and  coarser  in  proportion 
2s.  6d.  Ilk  gross  best  fine  glasses  or  larger  in  proportion  is.  Ilk  gross 
of  chopin  bottles  and  less  or  larger  in  proportion  is.  Ilk  twenty  four 
pounds  Scots  value  of  all  other  sizes  or  kinds  of  looking  glasses  or  glass- 
work  2S. 

Leather.  Ilk  cwt.  of  bend  or  brogue  leather  45.  Ilk  dozen  hides  of  ox 
or  cow  leather  tanned  or  aimed  43.  Ilk  dozen  horse,  ass,  mule,  stirk 
skins  tanned,  curried  or  aimed  2s.  Ilk  dozen  calf,  swine,  wild  buck  or 
three  dozen  roe  skins  ditto  is.  Ilk  dozen  sheep  or  goat  or  two  dozen 
lamb  or  kid  skins  ditto  2d.  Ilk  dozen  selch,  badger,  otter,  dog  or  swan 
skins  ditto  3d.  Ilk  twenty  four  pound  Scots  value  of  all  other  leather 
or  skins  or  work  thereof  2s. 

Liquids.  Ilk  hoghead  of  aquavitae  or  gin  or  any  other  home  stilled 
spirits  6s.  Ilk  hoghead  of  ruin,  brandy  or  other  foreign  spirits  I2s.  Ilk 
hoghead  of  red  or  white  wine  8s.  Ilk  hoghead  of  made  cyder,  perry  or 
black  beer  33.  Ilk  hoghead  of  wine  or  beer  ager  (wynakir,  vinegar)  35. 

Metal.  Ilk  cwt.  of  new  copper  or  hfrass  or  two  cwt.  old  ditto  6s. 
Ilk  cwt.  best  pewter  new  or  two  cwt.  old  ditto  33.  Ilk  cwt.  new  bell  or 
candlestick  metal  or  two  cwt.  old  ditto  2s.  Ilk  cwt.  bar  or  cake  lead  or 

K  2 


466  RECORDS  OF  ELGIN.  [17S2- 

shot  new  or  two  cwt.  old  ditto  is.  Ilk  cwt.  white  or  red  lead  or  steel 
is.  6d.  Ilk  cwt.  iron  pots  or  bushes  for  cart  wheels  is.  Ilk  dozen 
dripping  or  frying  pans  or  large  iron  girdles  and  less  in  proportion  2s. 
Ilk  dozen  shearing  hooks  or  wool  shears  and  all  other  iron  work  in  pro- 
portion 2d. 

Mixed  Articles.  Ilk  cart  load  of  earthen  or  stoneware  foreign  or 
home  made  33.  Ilk  cwt.  of  tea  or  two  cwt.  of  jackolet  or  coffee  beans 
i6s.  Ilk  cwt.  of  hops,  beewax  or  black  powder  35.  Ilk  cwt.  combing 
wool  and  shorter  in  proportion  35.  Ilk  birn  of  best  writing  paper  or 
cartridge  and  all  other  kinds  in  proportion  6d.  Ilk  cwt.  of  loaf  or  roll 
tobacco  and  stalks  or  snuff  in  proportion  2s.  Ilk  cwt.  cut  and  two  cwt. 
uncut  cork  55.  Ilk  cwt.  of  starch  or  rice  is.  3d.  Ilk  cwt.  hard  soap  or 
one  barrell  soft  ditto  2s.  6d.  Ilk  cwt.  feathers  or  fifty  pound  weight  of 
downs  is.  3d.  Ilk  thousand  goose  or  corbie  or  500  swan  or  eagle  quills 
2d. 

Oil.  Ilk  hoghead  lintseed  or  olive  oil  45.  Ilk  hoghead  of  train  or 
fish  oil  2d. 

Rosin.  Ilk  cwt.  of  pitch,  two  cwt.  rosin  or  two  barrels  of  tar  is.  6d. 
Ilk  cwt.  of  best  turpentine  and  other  kinds  in  proportion  2s. 

Spiceries.  Ilk  hundredweight  pepper  45.  Ilk  cwt.  ginger,  anise 
carvie  (caraway)  or  coriander  is.  6d.  Ilk  cwt.  cinnamon,  nutmeg  or 
clew  (clove)  or  fifty  pound  weight  of  mace  £2.  Ilk  pound  weight  of 
saffron  is.  6d. 

Sweets.  Ilk  cwt.  of  common  loaf  or  black  sugar  as.  Ilk  cwt.  white 
or  brown  candy  or  best  loaf  sugar  33.  Ilk  cwt.  of  best  powder  sugar  and 
all  other  kinds  in  proportion  2s.  Ilk  cwt.  of  treacle  or  ginger  bread  is. 
Ilk  cwt.  of  bee  honey  2s. 

Wood.  Ilk  cart  load  of  knapell  or  wainscot  planks  2s.  Ilk  cart  load 
of  all  kinds  of  fir  wood  2d.  Ilk  thousand  pipe  staves  8s.  Ilk  thousand 
hoops  and  all  sizes  of  stings  in  proportion  is.  Ilk  twenty  four  pound 
Scots  value  of  all  other  wood  or  work  made  of  wood  2s. 

Chapman's  Stands.  Ilk  chapman's  stand  eight  foot  wide  and  upwards 
during  the  fair  and  market  6s.  Ilk  chapman's  stand  from  six  to  eight 
foot  wide  and  covered,  for  ilk  fair  or  market  33.  Ilk  stand  ditto  from  six 
to  four  feet  6  in.  wide  and  covered,  for  ilk  fair  or  market  2s.  Ilk  stand 
ditto  from  and  under  four  feet  six  inches  wide  covered  or  open  is.  Ilk 
table  or  stool  at  backs  or  ends  of  stands  or  to  a  wall  with  chapman's 


1 75 2.]  TOWN   COUNCIL  MINUTES.  467 

ware  6d.  Ilk  sweetmeat  stand  covered  or  two  ditto  open  2s.  Ilk 
tradesman's  or  any  dealer's  stand  with  copper,  brass,  pewter,  iron  or 
white  iron  or  wirework,  or  shoes,  stockings,  or  any  such  like  work  or 
goods  of  whatever  kind  for  ilk  fair  or  market  35.  Ilk  mountebank  stage 
or  any  other  stage,  stand  or  table  for  plays  ilk  day  6s.  Ilk  puppy 
(puppet)  or  juggler  play  for  ilk  day  it  is  acted  2s.  Ilk  day  a  hawker 
or  baddler  (?  ballander)  travels  in  this  burgh  selling  hardware,  stockings, 
pictures,  maps,  books,  ballands,  sweetmeats,  &c.  is. 

Rules  for  regulation  in  exacting  Toll  or  Custom.  The  value  of  severall 
articles  are  so  little  that  comes  to  market  for  sale  such  as  milk,  eggs, 
partons,  dilce,  &c.,  and  other  things  by  use  and  wont  have  in  all  time 
bygone  been  free,  such  as  salt,  coal,  &c.,  as  also  all  meal  or  other 
provisions,  goods  or  effects  whatsoever  (malt  excepted)  bought  by  the 
inhabitants  from  country  people  or  others  not  formerly  brought  to  town 
or  intended  for  sale  in  the  market  ;  and  all  corns,  straw,  green  lint,  grass, 
keall  (kale),  herbs,  fruits,  roots,  &c.,  the  growth  of  the  gardens  or  field 
land  in  or  belonging  to  this  burgh,  as  also  all  things  of  whatever  kind 
belonging  to  the  burgesses,  their  relicts  and  children  who  are  actual 
residenters  within  the  burgh  and  bear  watch  and  ward,  scot  and  lot 
therein  all  which  are  hereby  declared  to  be  free  of  all  toll  or  custom  in 
all  time  coming  and  none  other  persons  or  things  excepting  such  only  as 
shall  be  appointed  to  be  free  by  the  Magistrates  and  Town  Council. 

Tradesmen  who  are  in  use  and  wont  to  keep  by  them  parcels  of  their 
work  ready  made  for  sale  at  all  times  have  liberty  if  they  so  choose  to 
set  up  a  stand  in  the  fair  or  market  and  expose  their  work  to  sale  and 
sell  the  same  for  payment  of  the  ordinary  toll  or  custom  as  other  dealers 
do  but  such  as  pay  toll  or  custom  for  their  work,  goods  or  effects  of  any 
kind  by  toll  (beasts  excepted)  are  not  liable  in  second  toll  or  any  other 
custom  therefor  until  sold  and  in  case  of  difference  thereanent  the  oath 
of  the  owner  is  sufficient  proof.  Any  person  or  persons  going  without 
the  ports  to  interrupt  and  buy  anything  designed  for  sale  in  the  market 
before  the  toll  or  custom  thereof  be  paid  or  receiving  any  such  into  their 
houses  and  offering  the  same  to  sell  therein  or  in  the  public  market 
owning  or  under  colour  of  their  own  of  design  to  defraud  the  tacksman 
of  the  toll  or  custom  thereof  shall  be  liable  in  payment  of  double  toll 
thereof  and  may  be  pursued  therefor  within  any  time  not  exceeding 
seven  days  thereafter.  No  goods  of  any  kind  brought  to  be  sold  in  the 


468  RECORDS  OF   ELGIN.  [1753- 

Fair  within  this  burgh  shall  be  bought  up  on  said  days  by  any  inhabitants 
within  this  burgh  or  others  before  the  hours  of  eight  o'clock  in  the  morning 
from  1st  September  to  ist  April  nor  before  the  hours  of  seven  o'clock  in 
the  morning  from  ist  April  until  ist  September  under  the  penalty  of  £6 
Scots  for  ilk  such  offence  one  half  payable  by  the  seller  the  other  half  by 
the  buyer  payable  to  the  boxmaster  of  the  Convener  meeting  for  the  use 
of  the  poor  of  several  incorporations  as  they  shall  appoint  to  be  divided. 
It  is  recommended  to  the  Convener  meeting  that  at  their  Michaelmas 
meeting  yearly  they  name  and  make  choice  of  six  knowing  and  discreet 
tradesmen  who  are  and  shall  be  hereby  impowered  to  inspect  and  judge 
concerning  the  sufficiency  of  all  made  work  or  its  materials  brought  to 
fairs  or  market  for  sale  by  the  makers  thereof  or  their  servants.  But  the 
sufficiency  of  all  goods  in  custody  of  chapmen  or  other  dealers  and  also 
of  the  weights  and  measures  is  to  be  judged  by  the  Dean  of  Gild. 

Regulations  for  tlie  Flesli  Market.  No  flesh  is  to  be  exposed  to  sale 
but  in  the  shambles  or  street  market  only  and  having  its  head,  horns, 
feet,  skin  and  tallow  with  it,  nor  upon  any  day  of  the  week  but  Friday 
and  Tuesday  only  nor  any  part  thereof  sold  in  or  carried  out  of  the 
market  upon  said  days  before  the  hours  of  eight  o'clock  in  the  morning 
from  Candlemas  to  Hallowmas  nor  before  nine  o'clock  in  the  morning 
from  Hallowmas  to  Candlemas  under  the  penalty  of  three  pounds  Sc., 
&c,  &c. 

November  6th. — John  Lamb's  offer  accepted  of  1084  merks  Sc.  yearly 
for  the  petty  customs  for  three  years. 

1753- 

January  22nd. — The  magistrates  settle  two  fishermen  at  Lossieinouth 
in  place  of  one  dead  and  one  superannuated. 

The  magistrates  grant  to  John  More,  merchant,  a  nineteen  years' 
lease  of  a  piece  of  ground  on  the  south  side  of  the  Little  Church  con- 
sisting of  twelve  foot  square  immediately  be  east  the  too  fall  at  the  east 
end  of  the  shop  lately  built  by  George  Shepherd,  shoemaker,  tack  duty 
is.  Stg.  yearly. 

January  29th. — The  Council  contribute  ten  guineas  out  of  the  common 
good  to  siler  or  plaster  the  New  or  big  church  of  this  burgh  considering 
how  convenient,  decent  and  advantageous  it  would  be  to  have  this  done. 


I753-]  TOWN   COUNCIL  MINUTES.  469 

February  7th. — Lord  Braco  agrees  to  sell  the  Magistrates  200  bolls 
meal  for  the  use  of  the  inhabitants  at  £7  Sc.  per  boll. 

March  5th. — The  entry  of  merchant  burgesses  and  guild  brethren 
settled  to  cost  50  merks  Sc.,  the  provost  having  power  to  create  one 
yearly  gratis  and  the  provost  and  bailies  or  any  three  of  them,  the 
provost  or  eldest  magistrate  for  the  time  being  always  one  having  power 
to  compliment  the  freedom  of  this  burgh  to  any  person  deserving  the 
same,  gratis. 

April  2nd. — The  Council  considering  that  notwithstanding  of  the 
statutes  made  anent  cleaning  of  the  streets  that  the  streets  are  kept 
very  dirty  appoint  these  statutes  to  be  again  intimated  and  allow  the 
magistrates  to  dispose  of  any  dung  that  shall  at  any  time  hereafter  be 
found  upon  the  street  in  any  manner  they  shall  think  proper. 

The  High  Church  to  be  plastered  at  a  cost  of  £26  Stg. 

April  5th. — The  provost  intimated  that  since  last  night  William 
Stewart  and  Robert  Stewart  his  son  had  escaped  from  the  prison  of 
Elgin.  Robert  Leslie,  one  of  the  officers  who  had  charge  of  the  keys, 
having  been  by  order  of  the  Provost  at  once  committed  to  prison,  is 
brought  before  the  Council  and  he  admitted  that  though  he  had  the 
orders  of  the  provost  and  the  rest  of  the  magistrates  to  keep  them  in 
close  prison  he  omitted  to  bolt  and  lock  the  iron  door  of  that  room  where 
the  prisoners  lay  but  that  he  locked  the  inner  door  of  the  stair  foot,  the 
lock  of  which  door  he  found  this  morning  broken.  Leslie  is  deposed 
and  imprisoned.  The  prisoners'  escape  is  advertised  in  the  Edinburglt 
Evening  Courant  and  the  Aberdeen's  Journal  describing  the  persons  and 
complexions  of  the  prisoners  and  offering  a  reward  of  £20  Stg.  to  any 
that  shall  apprehend  them. 

August  1 3th. — Alexander  Gray,  wheel  wright,  appointed  keeper  of 
the  town's  clock  at  a  yearly  salary  of  .£30  Sc. 

October  1st — The  Council  considering  the  great  danger  that  may 
arise  from  the  great  number  of  dogs  that  are  about  this  town  especially 
as  there  are  several  mad  dogs  in  the  country  appoint  the  statutes  made 
anent  keeping  dogs  and  bitches  to  be  intimate  this  day,  also  that  all 
butchers,  tanners  and  others  who  are  entitled  to  keep  dogs  keep  them 
within  doors  or  if  said  dogs  are  found  on  the  streets  they  will  be  shot. 

The  beddals  are  appointed  to  clean  the  church  every  Saturday. 
Every  possessor  of  a  pew  to  pay  therefor  43.  Sc.  yearly. 


47O  RECORDS  OF  ELGIN.  tJ7SS- 


1754- 

April  1st. — The  churchyard  grass  is  set  for  nine  years  at  2Os.  Stg. 
yearly.  [1755,  September  I5th. — Dykes  built  and  doors  put  on.] 

September  3Oth. — The  magistrates  report  that  they  had  taken  pre- 
cognitions  anent  the  manner  of  Gilbert  Barclay,  merchant  in  Cromarty 
his  escape  out  of  the  prison  of  this  burgh  and  that  they  had  confined 
Alexander  Ross,  officer,  and  James  Dougal  who  appeared  to  have  been 
accessory  to  the  escape,  and  that  they  had  made  intimation  in  the 
Aberdeen  and  Edinburgh  newspapers  offering  a  reward  of  £20  Stg.  to 
any  person  who  shall  discover  the  said  Gilbert  Barclay. 

November  4th. — The  Council  resolve  to  defend  at  the  public  cost  a 
process  threatened  against  the  Magistrates  at  the  instance  of  Charles 
Brodie,  merchant  in  Lethen,  for  the  sums  due  by  Gilbert  Barclay.  [1755, 
May  2/th. — Alexander  Ross  is  liberated  on  bail.] 

November  i8th. — Old  Mills  Multures.  Action  at  Mrs.  Duff's  instance 
against  the  inhabitants  for  abstractions  from  the  mills  of  Old  Mills.  Lord 
Braco  proposed  a  submission  and  the  Council  agreed  thereto.  The  two 
contracts  betwixt  the  Prior  and  Convent  of  Pluscardcn  and  town  of 
Elgin  with  respect  to  the  astriction  and  multures  payable  by  the 
inhabitants  of  Elgin  at  Old  Milns  sent  to  the  Town's  Agent  at  Edin- 
burgh, also  the  Act  and  Commission  in  the  process  at  the  instance  of 
McKenzie  of  Kildin  against  the  inhabitants  of  Elgin. 


1755- 

March  24th. — A  compliment  of  £300  Stg.  is  given  by  Andrew 
Mitchell,  Esq.,  M.P.,  for  this  District  of  Burghs  to  the  Town  as  a  small 
mark  of  his  gratitude  to  the  Magistrates  and  Town  Council  and  of  the 
sincere  regard  he  has  for  this  City  and  as  some  of  their  public  works  are 
in  disrepair. 

April  25th. — Church  Penalties.  Bailie  Allan  gave  in  £6  Sc.  received 
by  him  from  John  More,  collector  of  the  penalties,  as  also  a  bill  accepted 
by  Alexander  Forteath  in  Green  of  Manbeen  for  £4  Sc.  In  respect 
there  are  several  church  penalties  that  are  yet  due  the  Council  re- 
commend it  to  Bailie  Allan  and  James  Garden  present  collector  of 


1758.]  TOWN   COUNCIL   MINUTES.  471 

the  penalties  to  make  out  a  list  of  such  as  are  yet  due  and  to  prosecute 
the  same  and  recommend  it  to  the  Session  Bailie  to  be  punctual  in 
imposing  fines  on  church  delinquents. 

July  28th. — The  Council  give  a  contribution  of  a  guinea  towards 
building  a  bridge  on  Lossie  on  the  road  from  Elgin  to  Manbeen. 

November  I7th. — The  Council  give  a  contribution  of  ^3  Stg.  towards 
building  a  bridge  over  that  part  of  Lossie  leading  from  Pittendreich  and 
neighbourhood  towards  Elgin. 


1756. 

May  3rd. — The  threatening  weather  having  already  raised  the  price 
of  meal  the  magistrates  resolve  to  purchase  1 50  bolls. 

May  loth. — They  purchase  from  Sir  Hary  Innes  200  bolls  oatmeal  at 
£7  ros.  Sc.  per  boll  counting  eight  stone  to  the  boll. 

October  3Oth. — The  Council  resolve  that  none  shall  have  the  title  to 
or  benefit  of  the  bells  and  mortcloth  gratis  in  time  coming  but  the 
provost,  bailies,  dean  of  guild  and  treasurer  for  the  time  being  or  such 
as  have  been  in  that  office  and  their  wives  and  widows. 


1757- 

February  2ist. — The  Council  considering  that  the  price  of  grain  is 
already  come  to  a  very  great  height  resolve  to  purchase  400  bolls  oat- 
meal for  the  town's  use. 

1758. 

August  2ist. — The  Council  agree  and  enact  that  in  all  time  coming 
there  shall  be  paid  to  the  Treasurer,  seeing  the  revenue  of  the  town  is  on 
the  decay,  for  behoof  of  the  common  good  of  the  burgh  for  every  time 
the  officer  and  drum  shall  pass  through  the  town  or  any  part  thereof  with 
any  advertisement  or  intimation  the  sum  of  6s.  Sc.  over  and  above  the 
dues  payable  to  the  officer  and  drummer,  and  33.  Sc.  when  the  hand-bell 
shall  be  used  for  the  purposes  above  mentioned  and  for  every  day  the 
drum  shall  be  used  for  recruiting  the  sum  of  I2s.  Sc. 


472  RECORDS  OF   ELGIN.  [1760. 


1759- 

January  29th. — After  the  death  of  Mr.  Alexander  Irvine  one  of  the 
ministers  of  this  town,  a  memorial  was  drawn  up  and  submitted  to  James 
Ferguson  of  Pitfour,  advocate,  relative  to  the  town's  right  of  patronage  of 
the  Parish  Church  of  Elgin.  His  opinion  was  that  the  right  of  patronage 
was  in  the  Crown,  the  royal  grant  of  the  patronage  made  in  1641  and 
ratified  in  Parliament  in  1645  having  been  recalled  by  the  Act  Rescissory 
of  1661.  [The  Memorial  and  Opinion  are  recorded  in  the  Minute  book 
sub  2nd  February,  1761.] 

April  23rd. — A  petition  given  in  to  the  Town  Council  setting  forth 
the  expediency  of  a  road  along  the  north  end  of  the  garden  dykes  to  the 
westward  of  Lossie  Wynd  betwixt  them  and  the  tails.  The  Council  find 
that  there  ought  to  be  a  road  for  passing  horses  and  carts  from  the  rood 
of  land  belonging  to  Alexander  Brander  eastward  to  the  Lossie  Wynd 
patent  to  the  heritors  and  occupiers  of  the  said  western  tails  and  roods 
of  land  for  their  carrying  their  corns,  dung,  stones  and  other  effects  to 
and  from  their  gardens  and  tails  and  ordain  the  heritors  of  all  the  tails 
lying  to  the  westward  of  Lossie  Wynd  to  keep  a  road  eight  feet  broad 
from  the  north  dykes  of  the  gardens  patent  to  the  lieges. 

October  8th. — The  Council  appoint  Alexander  Cook,  Hospital  master, 
to  furnish  gowns,  caps  and  stockings  to  the  bedemen. 


I  760. 

January  I4th. — The  Hon.  Sir  Ludovick  Grant  of  Grant,  Bart,  per  the 
hands  of  Alexander  Brodie  of  Windyhills,  late  Provost  of  Elgin,  gives 
the  sum  of  3000  merks  Sc.  in  free  gift  and  compliment  for  the  benefit  of 
the  community  of  the  burgh  of  Elgin  in  consideration  of  the  friendship 
long  subsisting  betwixt  the  family  of  Grant  and  this  town  which  the  said 
Sir  Ludovick  Grant  would  always  be  ready  to  maintain  as  far  as  lay  in 
his  power  and  more  particularly  for  the  confidence  reposed  by  the  town 
in  his  deceased  father,  Sir  James  Grant  of  Grant  in  their  choice  of  him 
some  years  ago  as  their  representative  in  Parliament.  The  magistrates 


1760.]  TOWN   COUNCIL   MINUTES.  473 

in  name  of  the  community  thank  Sir  Ludovick  for  this  and  the  other 
favours  and  services  he  and  his  predecessors  had  done  the  town  and 
assure  him  they  will  always  retain  a  grateful  sense  thereof. 

April  2 ist. — Anent  the  proposed  agreement  between  the  town  and 
the  Earl  of  Fife  and  Dr.  Brodic  with  respect  to  the  division  of  the  muir 
a  Head  Court  held  this  day  agreed  that  the  Magistrates  and  Town 
Council  give  absolute  vvarrandice  to  the  Earl  of  Fife  and  Dr.  Brodie 
and  that  they  should  grant  a  feu  to  the  Incorporations  of  that  piece  of 
muir  besouth  the  moss  lately  enclosed  by  them  for  the  benefit  of  their 
poor  for  the  yearly  feu-duty  of  405.  Stg.  [August  nth. — Dr.  Brodie 
resiles  from  the  agreement] 

June  28th. — A  contract  entered  into  for  building  a  quay  at  the 
harbour  of  Lossiemouth  at  the  cost  of  £$o  Stg. 

August  1 8th. — The  Magistrates  granted  a  feu  charter  in  favour  of 
the  Convener  meeting  of  the  burgh  in  all  time  coming  of  a  part  of  the 
common  muir  lying  upon  the  south  side  of  the  burgh  at  the  feu  duty  of 
£24  Sc. 

September  I5th. — The  Council  signed  a  contract  of  marches  entered 
into  with  the  Earl  of  Fife  in  reference  to  his  part  of  the  muir  besouth  the 
mosswards  in  lieu  of  his  attolerance  of  pasturage,  &c.,  on  said  common 
muirs.*  [Contract  recorded  after  Minute  of  date  2nd  February,  1761.] 

December  ist. — The  Council  appoint  the  Provost  and  Bailies  to  draw 
up  an  address  of  congratulation  and  condolence  to  the  King  on  the  death 
of  King  George  the  second  and  the  accession  of  King  George  the  third 
to  the  throne. 


*  By  contract  of  Marches  of  date  28th  February,  1622,  between  Alexander,  Bishop 
of  Moray,  heritable  proprietor  of  the  lands  of  Main  and  Aikenhead  on  the  one  part  and  the 
Magistrates  and  Town  Council  of  Elgin  on  the  other  part,  the  Magistrates  granted  to  said 
Bishop  and  his  successors,  heritors  of  Main,  an  attolerance  of  pasturage  and  commonly  upon 
the  muirs  of  Elgin  next  adjacent  to  Main  and  Aikenhead  for  pasturage  of  their  bestial,  casting  of 
feal  and  divot,  and  whereas  the  said  muir  has  been  promiscuously  possessed  by  the  tenants  and 
possessors  of  Bilbohall  and  Meadow  of  Main  (formerly  a  part  of  the  estate  of  Main)  now 
belonging  in  property  to  William,  Earl  of  Fife,  and  by  the  tenants  and  possessors  of  Main  now 
belonging  to  Dr.  David  Brodie  and  by  the  inhabitants  of  Elgin  by  their  casting  fuel,  feal  and 
divot,  pasturing  their  cattle,  &c.  The  Longhill  and  Broadhill  to  remain  a  common  property  to 
be  possessed  by  all  parties  promiscuously.  March  stones  to  be  set  up. 

L  2 


474  RECORDS  OF   ELGIN.  [l?6l. 


T  761. 

February  2nd. — The  Council  considering  the  dismal  consequences 
that  have  attended  and  may  attend  the  keeping  of  gunpowder  in  shops 
or  loose  lint  or  hards  in  houses  or  shops  and  particularly  considering  the 
fatal  accident  that  happened  to  William  Fraser's  shop  Monday  last  they 
forbid  shopkeepers  to  keep  gunpowder  where  lights  or  candles  are  kept 
or  to  sell  gunpowder  with  fire  or  candle  light  and  that  the  place  where 
gunpowder  is  kept  be  first  approved  by  the  Magistrates  under  pain  of  ^5 
Stg. 

April  2oth. — Election  at  Elgin  of  Andrew  Mitchell  of  Thainstown  as 
M.P.  for  this  District  of  Burghs. 

June  22nd. — A  feu  given  off  to  John  Ritchie,  merchant,  of  that  piece 
of  waste  ground  on  the  south  side  of  the  Little  Kirk  to  the  east  of  the 
shop  set  to  John  Moir,  feu  duty  is.  Stg.  yearly  for  19  years. 

September  I4th. — The  dispute  with  Dr.  Brodie  settled  by  giving  him 
additional  ground. 

September  28th. — The  Council  considering  that  the  prophanation  of 
the  Lord's  day  is  become  very  frequent  to  prevent  which  they  enact  and 
ordain  that  no  person  or  persons  shall  presume  to  walk  on  the  streets  or 
in  the  fields  in  time  of  divine  service  :  That  no  person  shall  presume  to 
make  any  disturbance  in  the  streets  or  under  the  forestairs  after  public 
worship  is  over  under  the  pains  of  three  pound  Scots  for  each  offence : 
That  none  shall  presume  to  go  into  ale  houses  and  drink  in  time  of 
divine  service  on  the  Lord's  day  under  the  penalty  of  six  pound  Scots 
each  person  that  shall  be  found  drinking  in  such  houses  in  time  of  divine 
service  on  the  Lord's  day  and  the  like  sum  of  six  pound  Scots  each 
person  who  shall  sell  or  give  such  ale  or  other  liquor  to  them. 

November  6th. — The  Council  agreed  to  address  and  congratulate  his 
Majesty  on  his  happy  nuptials  with  the  Princess  Charlotte  of  Mecklen- 
burg. 

The  Council  agree  with  Greenhall's  other  creditors  that  the  lands  of 
Burrowbridge,  Myreside,  tails  and  eighteen  part  should  be  sold  and  the 
price  divided  among  the  creditors.  [The  said  lands  were  sold  soon  after 
to  Lord  Seafield,  see  minutes  of  date  aoth  May  and  23rd  August,  1762.] 


1763.]  TOWN   COUNCIL  MINUTES.  475 


I  762. 

August  23rd. — The  Council  signed  a  precept  of  clare  constat  in  favour 
of  John  Sutherland,  writer  in  Edinburgh,  as  son  and  heir  to  the  deceased 
Laurence  Sutherland  of  Greenhall  upon  Blackfriar  haugh,  eighteen  part 
and  ward.  Composition — a  duplicand. 

August  3Oth. — The  magistrates  reported  that  upon  Saturday  last 
upon  a  complaint  from  several  of  the  inhabitants  of  this  burgh  of 
encroachments  made  by  the  tenants  of  Mostowie  and  others  upon  the 
Moss  of  Mostowie  by  their  casting  and  winning  peats  and  selling  the 
same  to  the  inhabitants  and  tenants  of  Alves,  Ardgay,  Leggat  and  other 
places  in  the  country  and  by  carrying  off  and  making  middens  of  the 
moss  yird  they  had  gone  to  Mostowie  and  visited  the  marches  and  had 
made  civil  interruption  of  the  encroachments  upon  the  moss  and  having 
held  a  court  at  Mostowie  had  adjourned  the  same  to  Elgin  and  appointed 
the  fiscal  to  prosecute  the  transgressors  before  the  magistrates  on 
Wednesday  next.  The  Council  approve  of  the  magistrates'  proceedings 
and  recommend  to  the  Magistrates  to  inquire  into  the  town's  right  to  the 
said  mosses  and  to  take  the  most  effectual  method  for  asserting  the 
town's  rights  and  for  preventing  such  encroachments  and  abuses  for  the 
future. 

October  4th. — William  Edward  appointed  drummer  at  a  salary  of 
,£24  Sc.  per  annum  and  he  was  appointed  to  beat  the  drum  at  four  in 
the  morning  and  at  nine  at  night. 

1763- 

March  2ist. — The  anchorage  and  shore  dues  of  Lossiemouth  let  for 
three  years  to  Thomas  Stephen,  senr.  merchant  in  Elgin  for  £5  Stg. 
yearly. 

August  6th. — The  Convener  stated  that  the  tenants  of  Leggat  and 
Whitefield  had  casten  a  quantity  of  peats  in  the  mosses  of  Mostowie 
without  asking  leave  to  do  so  (as  usual)  of  the  magistrates  and  added 
that  he  along  with  some  others  had  gone  to  the  mosses  and  carried  off 
twenty  or  thirty  loads  of  said  peats  in  order  to  preserve  the  town's  rights 
and  interrupt  this  abuse.  The  Council  approve.  On  i$th  August  the 


476  RECORDS  OF   ELGIN.  [1764. 

committee  reported  that  they  had  perambulated  the  mosses  of  Mostowie 
and  had  made  interruptions  on  the  encroachments  made  by  the  people 
sowing  corn  on  parts  of  the  mosses.  The  Council  ordered  the  trans- 
gressors to  be  prosecuted. 

August  22nd. — Report  [here  entered]  of  perambulation  of  marches 
between  Linkwood  and  the  town  also  of  the  mosses  of  Mostowie. 

September  I2th. — Copy  of  Charter  [here  entered]  granted  by  the 
Magistrates  and  Town  Council  to  the  Incorporation  of  Tailors  of  Elgin 
upon  that  piece  of  waste  ground  south  of  the  water  of  Tayock  210  yards 
east  and  west  and  134  yards  south  and  north.  Feu  duty  303.  Sc.  yearly 
with  I2s.  Sc.  yearly  as  augmentation  of  rental. 

December  ipth. — The  magistrates  appoint  the  road  leading  from  the 
School  Wynd  to  Muirtovvn  to  be  repaired  by  statute  labour  and  appoint 
the  inhabitants  of  the  burgh  with  their  servants  and  horses  to  be  called 
out  to  work  at  the  same  by  turns  and  declare  that  each  person  who  shall 
not  attend  when  called  on  by  the  officers  shall  be  fined  in  terms  of  the 
statutes. 

1764. 

April  23rd. — The  Council  signed  a  charter  of  an  half  quarter  or 
aughteen  part  of  the  town  and  lands  of  Barflathills  and  of  an  half  quarter 
or  aughteen  part  of  the  haugh  thereof  mortified  by  Alexander  Gordon  of 
Cairnfield  in  favour  of  Mr.  Francis  Chalmers,  minister  of  the  Episcopal 
congregation  of  Elgin. 

May  24th. — The  Council  resolve  to  prosecute  John  Shand,  junior, 
merchant  in  Garmouth  as  an  unfree  trader. 

August  25th. — Feu  contract  signed  by  the  Council  and  Dr.  Brodie  of 
Main  on  the  part  of  the  muir  besouth  the  Moss  allotted  to  him  in  lieu  of 
his  attolerance  of  pasturage  on  the  muirs  [said  contract  is  recorded  in  the 
Council  Minute  Book]. 

October  i st— The  Council  agree,  to  contribute  £100  Stg.  to  the 
building  of  an  East  pier  at  Lossiemouth. 

October  4th.— Petition  from  James  Richards,  prisoner  within  the 
Tolbooth  of  Elgin  for  civil  debts  with  a  Bond  of  Caution  for  six 
months  subscribed  by  a  considerable  number  of  merchants  and  others 
to  indemnify  the  Magistrates,  Town  Council  and  common  good  in  case 


1765.]  TOWN   COUNCIL  MINUTES.  477 

James  Richards  escape  from  prison,  craving  that  he  have  the  liberty  of 
the  air  in  the  day  time  for  the  preservation  of  his  health.  The  Council 
agree  that  James  Richards  be  confined  within  the  iron  grate  and  timber 
door  of  the  room  where  he  is  presently  confined  from  eight  o'clock  of 
every  night  until  nine  o'clock  every  morning  and  that  from  nine  in  the 
morning  until  eight  at  night  the  iron  grates  and  timber  door  of  that  room 
shall  remain  open  and  James  Richards  have  the  benefit  of  walking  in  the 
turnpike  stair  and  on  the  balcony  and  they  also  agree  that  James  Richards 
family  and  friends  shall  have  access  to  talk  and  converse  with  him  in  the 
day  time.  The  officers  to  see  that  the  door  at  the  foot  of  the  turnpike 
stair  be  kept  shut  all  the  day  time  as  well  as  at  night  and  that  two  officers 
attend  every  night  and  see  that  he  be  secured  in  his  room  and  that  the 
iron  grate  and  timber  door  thereof  be  locked  on  him  at  eight  at  night. 

October  8th. — The  tenants  of  Mostowie  having  raised  a  suspension  of 
the  decreet  pronounced  by  the  Magistrates  against  them  for  destroying 
the  town's  moss  of  Mostowie  the  Magistrates  and  Council  resolve  to  raise 
a  process  of  declarator  for  preserving  the  town's  rights  to  the  moss  of 
Mostowie. 

November  I2th. — A  committee  consisting  of  the  four  bailies  report  a 
plan  for  laying  out  regular  streets  and  feus  at  the  harbour  of  Lossiemouth. 

December  3rd. — The  Council  ordain  that  in  all  time  coming  the  hire 
of  a  single  horse  and  cart  shall  be  i|d.  Stg.  for  each  computed  mile  and 
3d.  Stg.  for  two  horses  for  each  mile  between  Elgin  and  Findhorn  or  like 
distance  and  prohibit  the  hirers  to  exceed  that  sum  under  the  penalty  of 
£i  Scots. 

December  24th. — A  summons  of  declarator  against  Lord  Fife  re  Moss 
of  Mostowie  has  been  sent  to  his  Agent  at  Edinburgh. 

1765- 

April  1st. — A  committee  report  encroachments  on  the  town's  muir  by 
Alexander  Petrie  to  the  extent  of  473  yards  or  spaces  in  length  and 
about  33  ells  in  breadth  and  that  he  has  removed  several  of  the  march 
stones  from  both  sides  of  the  Apothecary  Croft.  The  Council  order 
roads  to  be  made  to  prevent  encroachments  and  the  march  stones  to 
be  replaced  and  .that  John  Ross  and  others  be  stopped  from  planting 
potatoes  or  encroaching  on  the  muir  on  the  west  of  the  Tailor's  muir. 


478  RECORDS  OF  ELGIN. 

May  2Oth. — Bailie  Duff  reported  that  he  and  the  other  bailies  in  office 
last  year  and  the  town's  fiscal  were  summoned  before  the  Court  of  Session 
to  1 3th  and  2oth  June  next  at  the  instance  of  the  Earl  of  Fife's  tenants 
of  Mostowie  on  a  process  of  wrongous  imprisonment,  oppression,  &c., 
on  account  of  the  magistrates  having  caused  the  said  tenants  to  be 
imprisoned  for  destroying  the  town's  moss.  The  Council  appoint  the 
process  to  be  defended  at  the  public  charge  of  the  town. 

1766. 

February  24th. — The  Council  considering  the  great  loss  the  common 
good  has  suffered  by  the  common  lands  being  feued  out  they  resolve  not 
to  grant  any  such  feus  for  the  future. 

June  2nd. — Encroachments  on  Lossie  Green  are  reported  to  the 
Council,  feal  and  divot  having  been  cast  thereon  and  ditches  made 
about  the  same. 

1767. 

March  24th. — The  town  and  Pitullie  agree  to  present  in  turns  to 
Pitullie's  mortification. 

April  nth. — An  incendiary  letter  having  been  dropped  at  the  house 
of  William  Gregor,  shoemaker,  threatening  to  burn  his  house  the  Council 
offer  a  reward  of  £5  Stg.  for  the  discovery  of  the  guilty  person. 

June  3rd. — The  Council  agree  to  submit  to  arbitration  all  differences 
between  them  and  Linkwood  as  to  the  muirs  round  Glassgreen  and 
Muirytack  also  east  of  Muirytack  and  opposite  to  Linkwood. 

September  I4th.  —  Bailie  Alexander  Brander  represented  to  the 
Council  that  he  had  been  put  to  an  expense  of  ,£23  193.  6d.  in  defence 
of  a  process  at  his  Majesty's  advocate's  instance  against  him  before  the 
last  Circuit  Court  at  Inverness  for  negligence  of  office  in  allowing  William 
McAndrew,  late  glover  in  Elgin,  who  had  been  imprisoned  for  breach  of 
the  Excise  Office  to  escape  and  that  after  trial  he  had  been  acquit.  The 
Council  unanimously  authorize  the  magistrates  to  pay  the  same. 

December  loth.— Dr.  Alexander  Brodie  entered  to  Bailiefield  and 
Blackbogie  and  the  Council  made  him  a  present  of  the  composition  due 
to  them  for  the  singular  services  done  by  him  and  hip  father  for  these 
many  years  past  to  the  burgesses  and  inhabitants  of  this  burgh. 


1769.]  TOWN   COUNCIL   MINUTES.  479 


1768. 

May  23rd. — The  Council  received  Robert  Anderson  in  Linkvvood 
their  vassal  on  the  lands  of  Glassgreen  and  Muirytack  and  modified  his 
composition  to  £100  Sc.  and  signed  a  charter  to  him  thereon. 

June  6th. — A  Committee  is  appointed  to  treat  with  Lord  Findlater 
anent  the  marches  of  Linkwood  he  having  bought  Linkwood. 

August  8th. — The  Council  signed  a  charter  to  the  Earl  of  Findlater 
and  Seafield  on  the  lands  of  Bailiefield  and  Blackbogie  as  disponee  from 
Dr.  Alexander  Brodie  of  Main.  The  Magistrates  have  bought  41  chalder 
and  4  barrels  New  Castle  coals  at  22s.  Stg.  the  chalder  for  the  benefit  of 
the  poorer  sort  of  the  inhabitants.* 

September  loth. — 21  chalders  English  coal  additional  bought  at  22d. 
per  barrel. 

December  I2th. — The  Earl  of  Findlater  entered  as  the  Council's 
vassal  in  the  Cattails  belonging  to  the  heirs  of  James  Innes,  late  provost. 

1769. 

January  23rd. — George  Edward  appointed  drummer  at  a  yearly  salary 
of  £24  Sc. 

March  I3th. — Alexander  Gray  appointed  clockkeeper  for  seven  years 
at  a  salary  of  £2  Stg.  yearly  with  ropes  and  a  pint  of  oil  yearly  and  as 
the  clocks  are  much  in  want  of  repair  he  agrees  to  mend  them  and  to 
keep  them  in  repair  for  seven  years  for  .£3  Stg. 

July  3  ist. — Contract  of  marches  [here  recorded  in  full]  between  Lord 
Findlater  and  the  town  anent  the  lands  of  Linkvvood  and  Glassgreen  as 
approved  by  the  Town  Council  and  Head  Court  of  the  burgesses. 

September  nth. — The  Council  contract  with  James  Edward  and  crew 
for  their  residence  at  Lossiemouth  far  seven  years  and  that  a  boat  be 
purchased  for  them  not  exceeding  £15  Stg.  of  value  to  be  paid  out  of 
the  shore  dues. 

*  "  In  the  year  1754,  a  ship  loaded  with  coals  came  to  Lossiemouth,  the  first  cargo  of  the 
kind  known  to  have  been  received  at  that  port  "  (Young's  Annals  of  Elgin,  p.  204).  But  coals 
must  have  been  in  use  in  Elgin  long  prior  to  that  date,  landed  it  may  be  at  Findhorn.  The  rate 
of  petty  customs  for  1752  (see  sub  anno)  shows  coal  then  free  of  duty. 


480  RECORDS  OF  ELGIN.  [l?72. 


1770. 

March  5th. — The  music  schoolmaster  to  record  all  the  deaths  in  town 
and  all  the  burials  in  the  Cathedral  churchyard  after  this  date.  Fees  2d. 
for  each  adult  and  id.  for  those  under  age.  The  poor  to  be  recorded 
gratis. 

May  28th. — The  moss  of  Strathcant  and  muir  adjoining  to  be  enclosed 

and  let. 

Act  of  Town  Council  discharging  the  private  sale  of  seats  in  the  area 
of  the  High  Church  as  giving  right  to  said  seats  unless  the  same  be 
ratified  by  the  Council. 

1771. 

April  ist. — The  magistrates  are  authorised  to  purchase  100  bolls  of 
oatmeal,  considering  that  victual  is  like  to  be  dear  this  summer. 

May  1 3th. — The  Town  Council  resolve  to  give  £200  Stg.  towards 
building  an  east  pier  at  Lossiemouth. 

September  9th. — The  provost  having  given  in  an  account  of  his 
expense  of  going  to  the  Convention  in  July  last  amounting  to  £$  Stg. 
the  Council  authorise  the  Town  Treasurer  to  pay  the  same. 


1772. 

September  igi\\. — The  Magistrates  and  Town  Council  considering 
that  there  was  a  process  of  reduction  brought  before  the  Court  of  Session 
at  the  instance  of  Thomas  Stephen,  late  Provost,  John  Laing,  one  of  the 
present  bailies  and  Alexander  Brander,  late  Treasurer,  of  the  election  of 
the  Magistrates  and  Town  Council  made  at  Michaelmas,  1771,  in  defence 
of  which  the  Magistrates  and  Town  Council  have  already  been  put  to 
considerable  cxpence  and  will  be  put  to  more  before  said  process  be  con- 
cluded authorise  the  Treasurer  to  borrow  upon  the  Town's  credit  .£1000 
Stg.  for  the  purposes  aforesaid. 

December  2ist. — Act  for  payment  of  John  Jameson,  councillor, 
William  Brodie  and  Patrick  Duff,  town  clerk  (the  last  named  remained 


I773-]  TOWN  COUNCIL  MINUTES.  481 

at  Edinburgh  at  the  desire  of  the  magistrates  from  I4th  March  to  the 
end  of  the  summer  session  attending  the  proof,  &c.)  declaring  their 
expenses  a  public  debt. 

1773- 

February  gth. — The  Council  considering  the  present  dearth  of  victual 
and  that  the  inhabitants  have  turned  riotous  and  threatened  to  raise  mobs 
for  want  of  meal  they  therefore  agree  to  purchase  300  bolls  at  the  rate  of 
i6s.  the  nine  stone  weight. 

March  22nd. — In  accordance  with  the  judgment  of  the  Court  of 
Session  in  the  process  at  the  instance  of  the  Town  against  Thomas 
Stephen,  John  Laing  and  Alexander  Brander  for  delivering  up  of  the 
keys  of  the  cadget  and  Treasury  accounts  the  said  Alexander  Brander 
now  delivers  up  the  same. 

June  I4th. — The  Council  being  advised  that  William  Peterkin,  master 
of  the  Grammar  School,  has  obtained  a  Royal  Presentation  to  be  assistant 
and  successor  to  Rev.  Lachlan  Shaw,  one  of  the  ministers  of  this  town 
and  parish  and  that  without  the  knowledge  or  consent  of  the  Council, 
Kirk  Session  and  majority  of  heritors  therefore  they  resolve  to  oppose 
his  settlement  by  every  legal  means  in  their  power  and  declare  the 
Grammar  School  vacant  from  ist  October  next. 

August  23rd. — The  expenses  of  a  process  commenced  in  1771  in  the 
Court  of  Session  against  Thomas  Stephen,  late  Provost,  and  Alexander 
Brander,  late  Treasurer,  for  their  withholding  the  Treasurer's  accounts  is 
now  paid  by  them  to  the  town. 

The  sum  of  £100  was  given  last  year  by  the  Convention  of  Royal 
Burghs  for  the  use  of  Lossiemouth. 

September  ist. — The  magistrates  and  Town  Council  taking  into  their 
consideration  that  notwithstanding  of  the  several  laws  and  Acts  of  Parlia- 
ment made  against  whoredom,  drunkenness,  profanation  of  the  Lord's  day 
and  of  the  holy  name  of  God  and  other  immoralities  and  of  the  several 
bylaws  made  in  this  burgh  for  curbing  and  putting  a  stop  to  these  vices 
yet  they  still  continue  to  be  frequent  they  therefore  resolve  to  put  these 
laws  and  acts  in  execution  to  the  full  extent  thereof  and  considering  that 
it  may  be  of  use  that  the  aid  of  the  eldership  should  be  joined  thereto 
they  appoint  Bailie  Anderson  to  carry  an  extract  of  this  resolution  to  the 

M  2 


482  RECORDS  OF  ELGIN.  [l775- 

Kirk  Session  whereby  they  may  jointly  endeavour  to  stop  the  torrent  of 
the  abundant  vices  and  immoralities  which  so  much  prevail  in  this  corner 
and  be  instruments  of  promoting  good  order  and  the  Christian  social 
duties  which  adorn  human  life. 

October  4th. — It  being  proposed  in  Council  to  have  a  pavement 
betwixt  the  church  and  tolbooth  made  by  contribution  the  Council  agree 
thereto  and  contribute  ten  pounds  sterling  therefor  out  of  the  common 
good. 

The  Council  appoint  intimation  to  be  made  prohibiting  the  steeping 
of  lint  or  hides  in  Lossie  or  Tyack  under  the  penalty  of  £$  Sc.  each. 

November  loth. — The  provost  represented  to  the  Council  that  the 
process  of  reduction  of  the  election  had  been  determined  in  favours  of 
the  Town  Council  with  costs  of  suits. 

December  i6th. — The  Council  declare  the  expenses  already  incurred 
and  that  may  yet  be  incurred  in  opposing  the  settlement  of  Mr.  William 
Peterkin  as  assistant  and  successor  to  Mr.  Lachlan  Shaw  to  be  a  public 
debt  affecting  the  common  good. 

1774- 

July  4th. — The  Council  considering  that  on  account  of  the  rainy 
weather  the  peats  will  in  all  probability  be  scarce  and  dear  they  therefore 
authorise  the  magistrates  to  purchase  fifty  tons  of  English  coals  for  the 
accommodation  of  the  inhabitants. 

September  igth. — The  Council  considering  that  William  Burnet  has 
not  attended  the  Councils  nor  courts  for  these  three  years  past  without 
assigning  any  reason  for  his  conduct  they  by  a  plurality  of  votes  find  that 
he  has  thereby  forfeited  his  office  as  conjunct  clerk  of  this  burgh  and 
therefore  suspend  him  from  the  further  exercise  thereof. 

[Mr.  Young  (Annals  of  Elgin,  p.  209)  notes  as  follows  :  Mr.  Burnet 
was  a  most  respectable  man  of  business  and  no  doubt  had  good  reasons 
for  avoiding  the  disputes  which  prevailed  in  the  Council  for  some  years 
back.] 

'775- 

March  25th.— The  Council  considering  that  in  all  probability  the  corn 
and  meal  will  be  dear  the  next  summer  resolve  to  purchase  300  bolls  of 


1776.]  TOWN   COUNCIL  MINUTES.  483 

oatmeal  and  accept  the  Earl  of  Findlater's  generous  proposal  to  sell  150 
bolls  at  145.  Stg.  the  eight  stone. 

May  1 3th. — Deed  of  mortification  by  the  now  deceased  John  Laing 
of  Over  Manbeen  of  a  park  in  the  Cattails  in  favour  of  one  decayed 
merchant  burgess  and  guild  brother,  the  magistrates,  &c.,  being  Trustees 
and  the  nearest  relation  of  John  Laing,  Patron. 

September  I2th. — Alexander  Duff,  writer  in  Elgin,  appointed  con- 
junct clerk  with  Patrick  Duff,  present  Town  Clerk,  ad  vitam  aut  culpam. 

September  26th. — "  Upon  an  application  from  the  Kirk-Session  of 
Elgin  craving  the  use  of  the  Little  Church  (which  was  the  property  of 
the  town  of  Elgin)  for  the  benefit  of  a  minister  to  perform  divine  service 
in  upon  the  Lord's  day,  in  the  time  that  public  worship  is  performing  in 
the  Big  or  Parish  Church,  as  that  church  did  not  properly  accommodate 
all  the  parish,  the  Council,  having  reasoned  thereon,  agreed  to  grant  the 
request  of  the  petition  for  such  time  as  the  Council  should  think  proper, 
but  they  do  resolve  that  if,  upon  trial,  the  granting  such  liberty  did  not 
answer  the  pious  intention  proposed  does  reserve  to  themselves  a  power 
of  withdrawing  the  said  liberty  at  pleasure,  after  the  expiry  of  two  years 
after  a  minister  shall  begin  to  perform  Divine  service  therein." 

November  I3th. — The  streets  to  be  lighted  with  oil  lamps  and  Mr. 
William  Robertson  to  purchase  twenty  lamps  when  he  goes  to  London. 


1776. 

June  1 7th. — The  Council  write  their  Member  in  Parliament  to  support 
the  petition  of  the  Brora  Company  to  have  the  duty  taken  off  the  Brora 
coal. 

August  1 2th. — The  magistrates  agreed  to  pay  Archibald  Mellis  £10 
Stg.  to  causeway  the  highway  from  the  end  of  the  broken  street  or  cause- 
way to  the  west  port. 

Whereas  there  are  many  dunghills  laid  and  huts  or  sheep  cots  built 
on  the  High  Street  where  the  Horse  Market  is  held  [at  the  south  end 
and  east  and  west  side  of  Ragg's  or  Murdoch's  Wynd]  and  also  without 
the  West  Tort,  all  the  said  dunghills  and  huts  or  sheep  cots  are  ordered 
to  be  removed  within  eight  days  of  this  date. 


484  RECORDS  OF   ELGIN.  [l777- 

September  3Oth. — The  Magistrates  appoint  intimation  to  be  made 
through  the  town,  forbidding  the  thrashing  or  winnowing  of  corn,  or 
leaving  dung  or  stones  on  the  High  Street,  and  enact  that  whatever 
person  or  persons  shall  be  found  guilty  of  such  thrashing  or  winnowing 
corn  or  leaving  dung  or  stones,  shall  incur  a  penalty  of  five  pounds  Scots, 
and  they  empower  the  officer  who  keeps  the  keys  to  secure  and  detain 
whatever  corn  and  straw  may  be  found  thrashing  upon  the  street  and  the 
dung  or  stones  lying  thereon,  until  trial. 


1777. 

July  5th. — The  Council  considering  that  two  of  the  hands  belonging 
to  the  Lossiemouth  boat  were  lately  impressed  by  a  cutter  in  his 
Majesty's  service  commanded  by  Mr.  Wardlaw  and  were  liberate  upon 
the  faith  of  the  town's  furnishing  one  in  their  place  they  therefore 
authorise  the  Magistrates  to  furnish  a  man  the  charge  being  declared 
a  debt  affecting  the  public  good. 

October  1 3th. — The  town  to  be  lighted  with  oil  and  thirty  lamps  to 
be  erected  and  paid  for  out  of  the  town's  funds  and  these  were  considered 
sufficient  to  light  the  High  Street,  Lossic  Wynd,  School  Wynd,  College 
Street,  East  Street  and  Gray  Friars  Wynd.  Lamps  to  be  erected  (i) 
on  the  Little  Cross  (2)  at  the  School  port  (3)  on  the  corner  of  William 
McKain's  house  opposite  to  the  Lossie  port  (4)  between  the  east  port 
and  old  well  (5)  on  the  east  side  of  the  Market  Cross  (6)  at  the  West 
port,  &c.  Ten  shillings  Stg.  is  the  supposed  sum  thought  necessary  for 
supporting  each  lamp  each  year  and  said  sum  for  supporting  the  lamps 
is  to  be  raised  by  a  voluntary  assessment  of  2d.  per  £  on  all  houses  in 
town  the  annual  rent  of  which  is  los.  or  upwards  and  the  rent  of  all  the 
houses  in  town  liable  amounts  to  £1111  Stg. 

The  Council  considering  that  the  inhabitants  are  greatly  annoyed  by 
the  barking  of  dogs  upon  the  high  streets  enjoin  all  having  dogs  and 
bitches  to  keep  the  same  within  their  houses  at  night  on  pain  of  53.  Stg. 
for  each  offence  and  the  dogs  afterwards  shot. 

December  zgth.— Mr.  Brander  of  Thomas  Street,  London,  has  sent 
36  lamps  as  a  present  to  the  town. 

£6  os.  6d.  Stg.  paid  for  gowns  to  the  bedemen. 


1 779-]  TOWN   COUNCIL  MINUTES.  485 


1778. 

April  6th. —The  Council  agree  to  buy  100  bolls  of  oatmeal  for  behoof 
of  the  private  inhabitants  over  and  above  what  may  be  bought  by  the 
Incorporations,  victuall  having  unexpectedly  risen  to  a  higher  price  than 
was  imagined. 

The  Council  appoint  a  Committee  to  report  on  abuses  in  the  meal 
market  by  mixed  meal,  &c. 

July  I5th. — The  Council  considering  that  there  are  many  holes  or 
scuttles  projecting  from  the  side  walls  of  several  houses  in  several  wynes 
or  vennels  in  this  burgh  which  are  public  neauseances  and  by  means  of 
fulzie,  &c.,  being  thrown  from  them  people's  cloaths  are  apt  to  be  spoiled 
do  appoint  tenants  and  proprietors  to  shut  such  up. 

August  loth. — The  Council  considering  that  the  act  of  last  sederunt 
anent  spouts,  &c.,  has  not  been  complied  with,  although  intimated  by  the 
officers,  authorize  James  Hay,  meason,  to  take  down  and  fill  up  the  holls 
of  said  spouts  on  the  towns  expence. 

The  Council  appoint  a  new  Bench  to  be  made  in  the  Guard  room  for 
the  accommodation  of  the  Troups  as  the  old  one  is  destroyed. 

October  igth. — The  Council  agree  that  the  lamps  be  lighted  this 
day,  that  3d.  in  the  pound  should  be  levied  off  the  house  rents  for  their 
support,  agreeable  to  resolution  of  last  year.  A  sub-committee  to  con- 
tract with  a  lamp  lighter  and  to  furnish  oil  and  wicks. 

1779. 

January  I2th. — The  Council,  considering  that  the  kingdom  is  alarmed 
with  fear  of  a  Bill  being  brought  into  Parliament  in  favours  of  Roman 
Catholicks,  unanimously  agree  to  send  a  memorial  to  their  Commissioner 
in  Parliament  to  oppose  the  passing  the  said  Bill. 

January  2ist. — Composition  to  vassals  fixed  by  the  Council  at  one 
year's  full  rent. 

March  22nd. — The  Council  considering  that  it  may  tend  to  the  con- 
venience of  the  inhabitants  that  the  time  of  beating  the  drum  and  ringing 
the  bell  be  changed  in  the  morning  they  therefore  agree  and  appoint  the 
drum  to  be  beat  at  five  and  the  bell  at  six  o'clock  in  the  morning. 


486  RECORDS  OF  ELGIN.  [1780. 

July  1 2th. — The  Town  Council  having  considered  a  letter  addressed 
to  the  Provost  from  the  Lord  Advocate  of  Scotland  of  date  ist  July, 
recommending  to  him  to  offer  encouragement  to  Volunteers  by  the 
publication  of  bounties  at  this  period  when  the  crowns  of  France  and 
Spain  have  confederated  themselves  against  the  safety  of  the  British 
empire  and  the  Magistrates  and  Town  Council  being  desirous  of  doing 
everything  in  their  power  for  procuring  a  speedy  supply  of  seamen  in  so 
critical  a  juncture  do  hereby  resolve  to  give  a  bounty  of  three  guineas  to 
every  able  bodied  seaman  not  above  the  age  of  fifty  nor  under  the  age  of 
twenty  and  to  every  ordinary  seaman  two  guineas. 

October  4th. — The  Council  authorize  the  Town  fiscal  to  prosecute 
such  as  are  liable  for  church  penalties  with  all  dispatch. 


1780. 

January  I7th. — The  Council  sell  the  superiority  of  the  half  of  the 
town's  lands  of  Over  Barflcthills  and  haugh  of  Ncwmiln  to  William 
King  of  Newmiln  for  £60  Stg. 

June  26th. — The  Council  pass  an  act  prohibiting  the  Traders  to 
receive  unfrecmcn  into  the  Corporations. 

August  2 1 st. — New  march  stones  set  at  Lossiemouth  (in  place  of 
several  lost)  as  in  contract  of  feu  betwixt  the  Laird  of  Brodie  and  the 
town  of  date  Qth  March,  1698. 

Perambulation  by  Alexander  Brander  of  Kinnedare  and  the  Town 
Council  of  Elgin  of  the  marches  betwixt  the  lands  of  Kinnedare  and 
Stotficld  belonging  to  said  Alexander  Brander  and  the  town  and  port  of 
Lossiemouth  belonging  to  the  town  of  Elgin  :  "  Beginning  at  an  iron  bar 
marked  BE  fixed  on  the  point  of  a  rock  about  70  space  to  the  eastward 
of  the  old  Head  or  Pier  and  extending  therefrom  by  another  iron  bar  in 
a  direct  line  to  the  head  of  the  cave  called  St.  Gerrandive  Cave,  where 
there  is  a  march  stone  placed  marked  BE  and  from  that  stone  extending 
westward  in  a  direct  line  along  the  top  of  the  rock  of  the  Coolaird  hill  by 
four  march  stones,"  &c. 

September  1 8th.— Dr.  Thomas  Stephen  being  about  to  build  a  house 
upon  the  north  side  of  the  burgh  upon  or  contiguous  to  the  rood  that 
belonged  to  James  Stephen,  late  provost  of  Elgin,  his  father,  and  in  order 


1780.]  TOWN   COUNCIL  MINUTES.  487 

to  enlarge  the  bounds  on  which  the  said  Thomas  Stephen  intended  to 
build,  the  ministers  of  Elgin  and  he  had  agreed  to  exchange  a  piece  of 
field  land  belonging  to  him  for  that  piece  of  ground  commonly  called 
"  the  Manse  ground."  The  Town  Council  agree  thereto. 

September  25th. — At  the  election  of  Council  a  protest  was  taken 
against  the  election  of  George  Simpson,  Alexander  Cook,  Alexander 
Gray,  Samuel  Ramsay,  James  Howison  and  John  Harvey.  It  was  re- 
presented by  Baillie  Robert  Allan,  Baillie  Andrew  Fenton,  Baillie 
William  Robertson,  Alexander  Brander,  treasurer,  and  Alexander 
Dougall,  merchant,  Councillor,  that  for  these  many  days  past  the  above- 
named  five  persons,  councillors  in  this  burgh  had  been  closely  watched 
and  guarded  both  by  night  and  day  and  guards  and  sentinels  placed  over 
their  houses  at  the  desire  and  instigation  of  General  James  Grant  of 
Ballindalloch  who  had  declared  himself  a  candidate  for  the  District  of 
Burghs  to  which  Elgin  belongs,  that  access  and  admission  to  them  had 
by  different  persons  been  repeatedly  demanded  and  even  though  required 
under  form  of  instrument  by  the  said  Baillie  Allan  and  had  been  denied 
and  refused,  that  by  such  violent  and  illcgall  proceedings  and  other 
corrupt  and  undue  measures  practised  by  the  said  General  Grant  and  his 
Partisans  upon  other  councillors  of  this  burgh  the  freedom  of  election 
was  at  an  end,  &c.,  &c. 

To  which  it  was  answered  that  the  disappointment  of  Mr.  Brander 
and  others  Protestors  in  not  seeing  certain  members  of  Council  on 
Saturday  night  or  any  other  occasion  cannot  be  imputed  to  their  being 
under  confinement  or  under  restraint  for  every  one  is  well  known  to  have 
been  at  perfect  liberty  and  as  they  were  all  present  in  Council  Baillie 
Duff  insists  that  they  all  severally  answer  for  themselves  to  this  charge. 
Baillie  Duff  here  thinks  it  necessary  to  take  notice  that  on  Saturday 
night  at  a  very  late  hour  and  without  the  least  previous  notice  Mr. 
Brander  and  the  other  protestors  did  come  to  the  house  of  George 
Simpson,  where  Baillie  Duff  and  some  few  others  of  the  Council  were 
and  required  them  to  attend  the  previous  meeting  for  this  day's  business, 
that  so  far  were  they  or  any  of  them  from  being  under  any  restraint  or 
confinement  that  they  readily  consented  to  meet  these  gentlemen  in  the 
Dining  room  or  Publick  room  of  the  house  and  these  gentlemen  were 
offered  admittance  to  any  other  room  of  the  house  where  any  of  the 
Council  may  have  been,  &c.,  &c. 


488  RECORDS  OF  ELGIN.  [1780. 

September  26th. — At  a  meeting  of  Council  and  before  the  Council 
proceeded  to  the  election  of  a  Commissioner  or  Delegate  to  meet  at 
Kintore  with  the  other  Delegates  of  this  District  of  Burghs  to  elect  a 
Commissioner  to  represent  this  district  of  Burghs  in  parliament, 
Alexander  Brander  and  his  adherents  took  several  protests.  [By  a 
majority  of  1 1  to  5  Major  General  James  Grant  of  Ballendallach  was 
elected.]  They  protested  that  the  votes  of  George  Simpson,  &c.  [supra] 
cannot  be  received  because  previous  to  their  being  councillors  upon  25th 
curt,  they  were  not  only  under  the  undue  and  corrupt  influence  of  General 
James  Grant  of  Ballendalloch  who  has  declared  himself  a  candidate  for 
this  district  of  Burghs  but  those  persons  were  under  actual  restraint  and 
confinement,  &c.,  &c.  To  which  Protest  it  was  answered  by  Baillie 
Duff,  that  it  may  be  true  that  some  of  the  Councillors  did  for  some  time 
past  keep  more  closely  together  than  they  usually  do  but  this  was 
occasioned  by  the  conduct  of  the  Duke  and  Duchess  of  Gordon  and 
other  friends  of  General  Morris  for  it  is  well-known  not  many  years  ago 
on  the  eve  of  an  election  one  of  the  members  of  the  Council  was  by  force 
and  violence  dragged  from  his  own  bed  by  persons  employed  by  them  in 
the  dead  of  night,  carried  over  to  Gordon  Castle,  afterwards  to  Huntly 
and  detained  there  and  at  other  places  till  the  election  was  over  and 
though  it  is  believed  the  noble  Duke  paid  dearly  for  this  attempt  upon 
the  freedom  of  electors  yet  it  would  seem  that  this  violent  method  of 
procedure  is  not  yet  relinquished  by  those  powerful  infringers  of  it.  The 
measures  which  the  respondents  are  informed  have  been  used  towards 
some  of  the  Town  Council  of  the  Burgh  of  Inverurie  is  a  recent  instance, 
and  the  respondents  had  reason  to  believe  that  they  would  meet  with 
the  same  treatment  whenever  a  favourable  opportunity  offered  for  every 
effort  was  used  to  entice  them  and  to  put  them  off  their  guard  and  afford 
an  opportunity  of  carrying  them  away.  Their  Graces  the  Duke  and 
Duchess  of  Gordon  were  frequently  in  town  attended  by  a  number  of 
servants  and  followers,  the  houses  of  the  Councillors  were  visited  at  night 
by  these  noble  personages  themselves,  bonfires  were  made,  the  bells  set 
aringing  and  the  town  drum  beat  at  the  dead  hours  of  night  by  the 
orders  of  them  or  their  retainers  for  the  purpose  of  alarming  the  in- 
habitants and  withdrawing  them  from  their  houses,  &c.,  &c. 

Replied  by  Baillie  Brander  and  others  :  The  low  and  illiberal  abuse 
thrown  out  against  the  Duke  and  Duchess  of  Gordon  respecting  a  trans- 


1782.]  TOWN   COUNCIL  MINUTES.  489 

action  which  happened  nine  years  ago  wherein  they  had  no  manner  of 
concern  merits  no  answer  but  shows  in  pretty  strong  colours  what  straits 
the  General  and  his  adherents  arc  drove  to  for  an  excuse  to  palliate  the 
forcible  measures  they  have  been  pleased  to  adopt  upon  this  occasion. 
The  question  of  restraint  will  be  a  subject  of  after  discussion.  The 
Protesters  aver  that  they  are  literally  true.  .  .  .  The  great  general 
under  whose  banners  the  respondents  fight  will  probably  find  it  a  difficult 
task  to  account  to  his  superiors  for  his  conduct  upon  that  occasion 
perhaps  more  so  than  for  any  little  mistake  that  may  have  happened  in 
the  reduction  of  America,  which  he  was  to  accomplish  with  a  handful  of 
men,  &c.,  &c. 

October  i6th. — The  Town   Council  agree  to  lay  out  £200  on  new 
works  at  Lossiemouth. 


1781. 

March  5th. — There  being  a  petition  given  in  by  certain  burgesses  and 
inhabitants  craving  the  use  of  the  Little  Church  for  their  accommodation 
in  attending  Divine  Service  on  the  Lord's  days,  the  Council,  by  a  majority 
granted  this  for  two  years. 


1782. 

February  i8th. — Nearly  220  feet  of  the  east  pier  at  Lossiemouth  is 
completed  on  which  about  £200  Stg.  has  been  expended.  The  Council 
resolve  to  ask  subscriptions  from  the  landed  proprietors  of  the  district 
and  others  to  complete  the  harbour  works  at  Lossiemouth.  The  Council 
find  that  exclusive  of  the  work  carried  on  within  these  twenty  years  there 
has  been  expended  £1000  Stg.  by  the  burgh  on  the  work. 

April  22nd. — The  Council  resolve  to  expend  £200  this  year  out  of 
the  common  good  on  Lossiemouth  harbour. 

July  ist. — Patrick  Duff,  junior,  writer  in  Elgin,  son  of  Patrick  Duff, 
town  clerk,  is  appointed  conjunct  Town  Clerk  in  place  of  the  deceased 
Alexander  Duff. 

August  1 5th. — The  Council  resolve  to  buy  200  bolls  of  meal  for  the 
use  of  the  inhabitants  at  us.  the  boll  at  8  stone  to  the  boll. 

N  2 


490  RECORDS  OF  ELGIN.  [1783. 

November  igth. — The  Town  Council  subscribe  £20  Stg.  out  of  the 
common  good  towards  a  fund  to  relieve  the  indigent  persons  and 
industrious  labourers  in  the  burgh  by  supplying  meal  at  a  lower  rate. 

The  Council  agree  to  allow  the  Incorporated  Trades  to  assemble 
themselves  in  the  Court  room  on  the  Lord's  days  in  order  to  attend 
divine  service. 

1783- 

January  i4th. — The  Bank  of  Scotland  offer  the  Town  Council  a  loan 
up  to  £500  for  twelve  months,  free  of  interest,  to  purchase  corn  for  the 
inhabitants  in  view  of  the  calamitous  state  of  the  country  occasioned  by 
the  present  scarcity  and  high  price  of  corn  and  desiring  to  show  their 
regard  to  the  interests  of  the  towns  where  the  Bank  has  branches.  The 
Council  accept  of  this  friendly  offer  and  thank  the  Directors.* 

January  27th. — The  Council  appoint  James  Cruden,  merchant,  to  sell 
in  small  quantities  the  meal  they  purchase  for  the  inhabitants,  oatmeal  to 
be  at  the  rate  of  nine  stone  Amsterdam  weight  to  the  boll  and  the  bear 
meal  at  the  rate  of  twelve  stone  the  boll  and  appoint  him  to  sell  the  same 
at  the  rate  of  nine  pound  the  peck  of  oatmeall  and  twelve  pound  the  peck 
of  bear  meal.  The  fishers  of  Lossicmouth  and  Stotfield  also  to  be  supplied. 
No  person  to  receive  above  two  pecks  at  a  time  and  even  that  not  without 
a  ticket. 

April  28th. — The  Council  purchase  from  Lady  Gordon  200  bolls  bear 
at  £i  Stg.  the  boll  also  from  the  farmers  of  William  Brodie  of  Windy- 
hills  at  £\  os.  6d.  the  boll.  Lord  Findlater  and  Hon.  George  Duff  of 
Milton  are  also  to  supply  corn. 

September  I5th. — The  fishers  of  Lossiemouth  representing  that  their 
boat  was  wore  out  and  that  they  were  willing  to  contract  with  the  Magis- 
trates and  Council  for  to  reside  at  Lossiemouth  for  seven  years  provided 
the  Council  would  build  them  a  new  boat  such  as  that  at  Stotfield  and 
allow  them  to  continue  in  their  houses  without  rent.  The  Council  agree. 

September  2Qth. — The  Council  impower  the  streets  committee  to 
name  overseers  and  call  out  the  burgesses,  fine  absents  and  to  cause 
the  officers  take  up  an  exact  number  of  the  inhabitants  so  as  the  same 
may  be  called  out  indiscriminately  to  perform  statute  labour. 

*  Cf.  Annals  of  Banff,  I.,  332. 


1783.]  TOWN   COUNCIL  MINUTES.  491 

The  Council  agree  to  give  James  Craig,  watchmaker,  £5  Stg.  for 
giving  a  thorough  repair  to  the  Tolbooth  clock  so  as  she  shall  go  ten 
years  without  any  repair  except  what  may  be  unforseen. 

October  I4th. — 362  bolls  of  mixed  meal  being  ready  to  be  delivered 
on  receipt  of  8s.  8d.  the  boll,  being  part  of  the  proportion  of  the  meal  sent 
by  the  Barons  of  Exchequer  to  be  sold  to  the  poor  of  this  county,  Messrs. 
Hay  and  Peterkin,  ministers  of  Elgin,  request  the  Town  Council  to  join 
with  them  in  carrying  out  this  matter.  The  Town  Council  agree  to  pay 
half  the  price  of  the  meal  and  defray  half  of  the  expense,  to  be  sold  at 
yd.  the  peck. 

October  I4th. — The  Council  considering  that  the  West  Port  of  this 
Burgh  was  pulled  down  either  late  last  night  or  early  this  morning  and 
the  materials  thereof  carried  away,  which  has  given  umbrage  to  several 
of  the  inhabitants  and  as  they  have  reason  to  suspect  the  same  has  been 
done  by  the  labourers  employed  in  building  Mr.  Russell's  dykes  and  they 
being  most  desirous  that  this  matter  should  be  inquired  into  in  the  most 
delicate  manner  authorize  the  fiscal  to  make  out  a  complaint  against  the 
labourers  so  as  they  may  be  examined  by  whose  orders  they  did  the  same. 

October  i8th. — The  Bailies  represented  that  they  had  now  finished 
the  Precognition  anent  the  pulling  down  of  the  West  port  and  that  it 
thereby  appeared  that  Robert  McRaw,  James  Nicoll  and  John  Petrie, 
masons,  Thomas  Gordon  and  sundry  day  labourers  had  all  been  aiding 
and  assisting  therein,  that  the  said  Robert  McRaw  had  said  that  Mr. 
Francis  Russel,  advocate,  had  given  him  orders  to  do  it,  but  as  none  of 
the  other  people  called  had  concurred  with  him  in  that  circumstance 
they  had  called  on  Mr.  Russel  himself  to  answer  whether  or  not  he  had 
given  such  orders  and  that  he  declined  to  answer  directly  to  that  question, 
and  as  the  bailies  thought  this  affair  was  such  that  the  credit  of  the  burgh 
was  concerned  therein  they  desired  the  opinion  of  the  Council  how  they 
should  proceed  which  being  considered  by  the  Council  they  agreed  anent 
that  before  any  procedure  be  had  therein  that  a  copy  of  the  proceedings 
and  a  memorial  relative  thereto  be  transmitted  to  the  Town  Agent  so  as 
he  may  lay  the  same  before  able  Counsel  to  have  an  opinion  and  direction 
for  the  conduct  of  the  magistrates  so  as  they  may  act  therein  with 
propriety. 

October  28th. — The  Magistrates  laid  before  the  Council  the  opinion 
of  Mr.  Hay  Campbell  relative  to  the  memorial  sent  to  Mr.  Isaac  Grant 


492  RECORDS  OF   ELGIN.  [1784. 

respecting  pulling  down  the  West  Port,  the  import  of  which  is  that  the 
act  was  very  unwarrantable,  that  it  is  the  subject  of  a  prosecution  either 
before  the  Sheriff  Court  or  the  Superior  Court,  which  consultation  being 
read  in  Council  and  they  having  deliberated  thereon  they  unanimously 
are  of  the  mind  that  the  said  offence  should  be  prosecute  before  the 
Justiciary  Court  at  Edinburgh  against  Mr.  Francis  Russell  and  such 
others  of  the  workmen  as  may  appear  to  be  most  guilty  in  such  manner 
as  shall  be  found  most  adviseable  and  authorize  the  Magistrates  to 
instruct  the  Town's  Agent  for  that  purpose  so  as  he  may  raise  criminal 
letters  and  follow  furth  the  cause  for  the  vindication  of  the  right  of  the 
burgh  and  declare  the  expense  of  such  prosecution  a  public  debt  affecting 
the  common  good  of  this  burgh. 

November  15th. — The  Council  take  steps  to  recover  a  legacy  by 
James  Leslie  of  the  Island  of  Jamaica  in  favours  of  the  town. 

1784. 

March  iith. — Dr.  James  Hay  having  died  on  22nd  January  last  the 
Council,  by  a  majority,  give  their  votes  in  favour  of  Mr.  Robert  Grant, 
minister  at  Cullen. 

June  28th. — The  Council  resolve  to  support  the  Magistrates  in  de- 
fending a  process  at  the  instance  of  Sir  Alexander  Dunbar  of  Northfield 
against  them  for  pulling  down  a  dyke  built  by  him  in  the  front  of  his 
Lodging  in  Elgin,  commonly  called  Lord  Duffus'  Lodging,  which  tended 
to  encroach  on  the  High  Street  where  the  Cart  (?  Cattle)  Market  is  held. 
[October  25th. — The  case  amicably  settled.] 

September  28th. — Alexander  Brander,  Dean  of  Guild,  represented  to 
the  Council  that  the  custom  of  a  Provost  making  a  Burgess  and  Guild 
Brother  ex  officio  was  highly  detrimental  to  the  Fund  belonging  to  the 
Society  of  Merchants  as  many  gentlemen  so  admitted  did  not  contribute 
to  the  support  of  the  poor  so  that  a  greater  weight  lay  upon  those  who 
did  subscribe  although  the  non-subscribers  enjoyed  the  same  priviledges 
in  the  Burgh  as  others.  The  Council  unanimously  declare  that  it  shall 
not  be  in  the  power  of  any  Provost  of  this  Burgh  to  grant  any  Burgess 
ticket  to  any  person  or  persons  whatsoever  ex  officio. 

October  4th.— The  Council  considering  that  the  Big  Bell  of  the  High 
Church  is  rent  and  that  it  will  be  necessary  to  refound  her  the  Council 


1785.]  TOWN   COUNCIL  MINUTES.  493 

recommend  to  Bailie  Alexander  Brander  to  correspond  with  a  proper 
person  at  London  anent  the  terms  on  which  a  New  Bell  may  be  bought 
or  the  present  one  refounded. 

December  I4th. — The  Council  agree  to  build  new  houses  for  the 
fishermen  at  Lossiemouth. 

December  3Oth. — The  Earl  of  Findlater  subscribes  £200  to  the 
harbour  of  Lossiemouth. 


1785. 

February  7th. — A  Head  Court  having  been  called  anent  the  sale  of 
the  Moss  of  Strathcant  to  the  Earl  of  Findlater  no  one  objected.  The 
Town  Council  agree  to  sell  it  for  £42  Stg.  The  moss  is  surrounded  by 
lands  now  the  property  of  the  Earl  of  Findlater  and  Seafield  and  is  of  no 
benefit  to  the  burgesses  or  common  good. 

The  Council  taking  into  their  consideration  that  the  Right  Hon. 
James,  Earl  of  Findlater  and  Seafield  has  been  so  generous  as  to  com- 
pliment this  Burgh  with  Two  hundred  pound  Sterling  to  assist  in 
carrying  on  the  work  at  Lossiemouth  they  have  entered  the  same  on 
this  record  to  show  their  sense  of  gratitude  to  his  Lordship  therefor  and 
hereby  authorize  the  Clerk  to  write  to  his  Lordship  a  letter  of  thanks 
therefor  in  the  fullest  manner  and  appoint  the  said  letter  to  be  also 
signed  by  the  Magistrates. 

February  2ist. — The  Council  considering  that  the  Profanation  of  the 
Lord's  day  is  increasing  in  this  place  they  appoint  the  Act  of  Council  of 
the  6th  of  October,  1718,  to  be  intimated  and  declared  that  the  same  will 
be  put  in  force. 

April  7th. — Mr.  Francis  Russell  of  Westfield,  advocate,  is  chosen 
Ruling  Elder  to  represent  the  Burgh  in  the  ensuing  General  Assembly. 

June  27th. — The  Council  nominate  and  appoint  Francis  Russell, 
advocate,  their  Commissioner  to  represent  this  Burgh  at  the  ensuing 
General  Convention  of  the  Borrows  of  Scotland  and  authorize  the 
Magistrates  to  draw  on  the  Agent  of  the  Borrows  for  the  £100  Stg. 
given  by  the  Borrows  for  the  aid  of  Lossiemouth  in  favours  of  Mr. 
Russell.  [Being  the  balance  of  £200  granted  by  the  Convention  in 
1783-] 


494  RECORDS  OF  ELGIN.  [1786. 

August  6th. — The  Council  agree  to  support  the  Town  Council  of 
Banff  in  their  application  to  the  Lords  of  the  Treasury  to  have  a  Custom 
House  established  there  but  resolve  that  the  port  of  Lossiemouth  remain 
within  the  port  of  Inverness,  the  road  between  Elgin  and  Inverness  being 
better  than  that  to  Banff  and  the  communication  between  Elgin  and 
Banff  is  frequented  impeded  by  speats  in  the  River  Spey. 

September  igth. — Upon  the  application  of  the  Incorporation  of 
Hammermen  craving  an  addition  to  their  seat  in  the  High  Church  the 
Town  Council  agree  to  allow  that  Incorporation  to  add  the  breadth  of 
one  pew  off  the  Common  Loft  to  their  loft  and  allow  them  to  rail  in  the 
whole  of  the  Common  Loft  so  as  to  prevent  an  idle  or  disorderly  person 
or  boys  going  in  thereto,  providing  that  such  poor  people  who  are  not 
able  to  pay  for  a  seat  shall  have  free  access  to  sit  there  without  payment 
of  any  gratuity  therefor. 

Two  sets  of  firlots,  pecks  and  lippies  and  a  coal  barrel  to  be  made 
and  stamped  by  the  Dean  of  Gild,  one  set  for  Lossiemouth  and  the  other 
to  be  kept  in  the  clerk's  chambers  for  comparing,  when  necessary. 

October  I7th. — The  Council  authorize  the  Magistrates  to  take  down 
the  Big  Bell  and  send  her  to  London  by  the  first  ship  from  Lossiemouth 
or  Findhorn  to  be  refounded. 

November  2 1st. — The  Council  considering  the  proposed  plan  of 
erecting  a  pavement  on  the  high  street  for  the  purpose  of  an  Exchange, 
beginning  at  the  west  gavill  of  the  High  Church  to  consist  of  106  feet 
long  and  about  30  broad,  and  being  convinced  the  same  will  be  of  great 
utility  as  well  as  beauty  to  the  town  agree  to  give  £20  Stg.  to  assist  in 
defraying  the  expense  thereof  and  recommend  to  the  Magistrates  to 
institute  a  subscription  paper  for  a  voluntary  contribution  to  defray  the 
remainder  of  the  expense. 

Alexander  Duncan  is  appointed  keeper  of  the  clocks  for  five  years  at 
a  yearly  salary  of  .£3  IDS.  to  keep  the  same  in  repair  except  timber  work 
and  ropes,  also  he  is  to  furnish  for  the  High  Church  a  time  piece  on  pay- 
ment of  £2  IDS.  Stg.  and  admission  as  a  Freeman  Burgess  of  this  Burgh. 

1786. 

February  6th. — The  Town  Council  appoint  the  proposed  pavement 
on  the  High  Street  to  be  the  breadth  of  the  present  meal  house. 


1786.]  TOWN   COUNCIL  MINUTES.  495 

The  town's  Serjeants'  salaries  are  augmented  to  £2  Stg.  yearly. 

July  3rd. — A  plan  and  estimate  for  a  spire  on  the  steeple  of  the  High 
Church  amounting  to  £60  Stg.  for  materials,  workmanship  and  every 
other  thing  necessary  being  submitted  by  William  Fraser,  square  wright, 
the  Council  recommend  that  subscriptions  be  obtained  when  they  will 
consider  if  it  is  expedient  to  go  on  with  the  work. 

October  2Oth. — Having  taken  into  consideration  a  Plan  now  in 
agitation  for  rendering  the  system  of  Education  more  compleate  in 
this  country  by  an  Incorporating  Union  of  the  King's  and  Marishall 
Colleges  of  Aberdeen  into  one  University  the  Town  Council  do  approve 
of  such  plan  as  conducive  to  so  desireable  an  object  under  which  Idea 
they  do  unanimously  applaud  such  union  as  an  object  of  general  im- 
portance respecting  the  education  of  youth  in  this  corner  and  authorize 
the  clerks  to  transmitt  Dr.  James  Dunbar  at  Aberdeen  an  extract  of  this 
Resolution. 

A  new  power  of  attorney  to  be  granted  for  recovering  James  Leslie's 
legacy. 

October  3Oth. — The  Council  agree  to  address  the  King  on  his  late 
escape  from  assassination. 

Upon  the  petition  of  the  Convener  of  the  Trades  anent  augmenting 
the  Fees  of  admission  into  the  different  Incorporations  the  Town  Council 
declare  that  no  merchant  Burges  shall  be  hereafter  admitted  under  pay- 
ment of  £6  Stg.  and  no  Trades  Burgess  under  £2  los.  Stg.  reserving  the 
ancient  powers  in  favours  of  the  magistrates  of  making  either  gratis  if 
they  see  cause  and  as  circumstances  may  require.  The  Town  Council 
sanction  the  different  Incorporations  exacting  the  following  fees  :  For  a 
stranger  or  one  who  never  served  his  apprenticeship  with  a  freeman,  £8 
of  entry  money.  For  one  who  served  his  apprenticeship  with  a  freeman, 
,£5.  For  a  freeman's  son,  £i  Stg.  For  a  freeman's  daughter's  husband, 
£i  Stg. 

October  3Oth. — John  Innes,  Esq.,  Clerk  to  the  Signet,  requesting  to 
purchase  the  superiority  of  Two  eight  parts  of  the  lands  of  Barflethills 
the  Council  dispose  of  the  same  to  him  on  his  paying  £30  Stg.  for  the 
right  of  the  superiority  also  the  bygone  arrears  and  half  of  a  year's  free 
rent  for  the  entry. 


496  RECORDS  OF  ELGIN.  [1788. 


1787. 

July  i6th. — Owing  to  the  late  riots  and  mobs  arising  from  the  scarcity 
of  meal  the  magistrates  in  order  to  abate  the  clamor  and  noise  of  the 
inhabitants  as  well  as  to  supply  the  poor  resolved  to  purchase  100  or  120 
bolls  of  meal.  From  John  Lawson  at  Old  Milnes  they  purchase  50  bolls 
oatmeal  and  50  bolls  barley  meal,  nine  stone  to  the  boll,  the  former  at 
195.  and  the  latter  at  143.  per  boll  to  be  disposed  to  the  inhabitants  at 
the  general  market  price. 

1788. 

February  6th. — The  Council  agree  to  give  the  Bedemen  gowns  and 
authorize  the  Hospital  master  to  provide  the  same  on  the  easiest  terms. 

The  Council  offer  a  reward  of  five  guineas  for  the  discovery  of  those 
who  have  attempted  to  break  shops  in  the  burgh. 

February  25th. — A  charter  signed  to  St.  Giles'  Society  on  Mrs.  Paul's 
aughtccn  part  formerly  the  property  of  William  Grant  of  Grantsgreen. 

March  24th. — The  Council  grant  a  feu  to  the  Trades  for  the  accom- 
modation of  a  crew  of  fishermen,  free  of  duty. 

May  1 2th. — The  Council  prorogate  the  lease  on  the  half  of  the  lands 
of  Messandieu  in  favours  of  Alexander  Cobban,  merchant,  as  Alexander 
Cobban  agrees  to  enclose  the  lands  with  a  thorn  hedge,  for  twenty  four 
years  after  1794  at  the  present  rent,  viz.,  £14  95.  8d.  Stg.  yearly  and  8 
bolls  of  bear  to  the  Bedemen  of  Elgin  and  freeing  the  town  of  minister's 
stipend  and  all  other  public  burdens.  Renewal  of  a  lease  on  the  half  of 
the  lands  of  Messandieu  in  favours  of  Patrick  Duff  for  31  years  after 
Whitsunday,  1789,  at  the  present  rent,  viz.,  £8  95.  8d.  -&  yearly  and  he 
delivering  to  the  bedcmen  of  Elgin  8  bolls  of  bear  and  freeing  the  town 
of  minister's  stipend  and  all  other  public  burdens  and  enclosing  the 
lands. 

June  23rd.  —  List  of  subscriptions  made  in  consideration  of  the 
distressed  state  of  the  lower  rank  of  the  inhabitants  of  this  burgh  on 
account  of  the  present  dearth  of  corns  and  meal  : — George  Brown, 
provost,  £2  2s.  ;  William  King,  Esq.,  Newmiln,  £2  2s. ;  Mrs.  King, 
Ncwmiln,  £i  ;  Mr.  Alex.  Brander,  £2  2s. ;  Mr.  James  Cook  from 


1789.]  TOWN  COUNCIL  MINUTES.  497 

Jamaica,  £3  35.  ;  Mrs.  Brander  of  Pitgavnie,  £i  ;  Dr.  Alexr.  Dougall, 
£i  ;  Dunkinty,  £i  ;  Dr.  Stephen,  £i  is.  ;  Mr.  George  Spark,  watch- 
maker, 2s.  6d.,  &c.,  Total,  £34  133. 

September  ist. — The  Council  appoint  the  Bedehouse  to  be  pointed 
and  the  lofts  repaired  and  the  same  to  be  thereafter  set  by  public  roup. 

November  6th. — Upon  a  petition  from  the  Friendly  Society  in  Elgin 
the  Council  sanction  that  their  capital  be  augmented  to  £400  Stg. 


1789. 

January  26th. — Copy  submitted  to  the  Council  of  a  Deed  of  Mortifi- 
cation by  the  late  John  Innes  of  Dunkinty  in  favour  of  the  minister  of 
the  Episcopal  Congregation  and  the  poor  thereof  the  Trustees  being  the 
Magistrates  and  ministers  of  Elgin  and  the  minister  of  said  Episcopal 
congregation.  The  Council  call  for  the  payment  of  £8  Stg.  yearly  from 
John  Innes  of  Leuchars,  Dunkinty's  heir. 

March  9th. — The  churchyard  grass  set  for  three  years  at  £2  us. 
yearly.  The  westmost  Beadloft  let  for  53.  yearly  the  eastmost  riot  let. 
The  Council  resolve  to  erect  a  new  loft  at  the  back  of  the  pulpit  for 

£7  5s. 

A  new  power  of  attorney  to  be  executed  to  some  person  in  Jamaica 
to  recover  the  money  left  by  James  Leslie  of  Jamaica  to  the  town. 

May  4th. — The  Council  declare  the  Stirling  firlot  brought  to  Lossie- 
mouth  some  years  ago  to  be  the  standard  in  all  time  coming  for 
measuring  corn  to  be  exported. 

The  Council  fix  and  declare  that  in  all  time  coining  meal  brought 
into  town  for  sale  shall  be  sold  by  weight  and  not  measure  as  formerly, 
oatmeal  nine  pound  to  the  peck,  barley,  pease,  rye  and  mixed  meal  twelve 
pounds  to  the  peck  and  so  on. 

The  Council  give  £3  to  assist  in  erecting  a  pump  and  covering  the 
new  well,  on  the  inhabitants  of  the  east  end  binding  themselves  to  erect 
said  pump  and  cover  the  well  and  keep  the  same  in  repair  in  time 
coming. 

June  1 5th. — The  Magistrates  produced  an  extract  of  the  sentence  of 
James  Mclntosh,  vintner  here,  pronounced  last  Justiciary  Court,  by 
which  among  others  he  is  appointed  to  be  publicly  whipped  through 

O  2 


498  RECORDS  OF  ELGIN.  ['79O. 

the  streets  of  this  burgh  one  calendar  month  after  the  date  of  his  im- 
prisonment and  which  calendar  month  expired  the  nineteenth  current : 
That  they  had  wrote  the  Magistrates  of  Inverness  for  the  use  of  their 
Hangman  and  they  agree  to  give  the  use  of  him  for  this  business  upon 
condition  of  paying  him  four  pounds  Stg.  for  his  trouble,  defraying  his 
whole  expenses  and  procuring  a  military  guard  to  conduct  him  out  and 
home  and  granting  bond  under  a  penalty  of  one  hundred  pounds  Stg.  to 
return  him  home  safe  at  Inverness  on  or  before  the  26th  current  and  that 
they  had  also  wrote  Major  Fisher,  commanding  the  5  5th  Regiment  of 
Foot  at  Fort  George  for  a  party  of  military  to  conduct  the  Hangman 
here  and  home  but  had  got  no  answer.  The  Council  approve  of  the 
conduct  of  the  magistrates  and  order  a  horse  and  cart  to  be  furnished  to 
carry  the  executioner  in  regard  he  cannot  travel  and  authorize  the  magis- 
trates to  run  an  express  this  night  to  Fort  George  for  an  answer,  likewise 
authorize  the  Magistrates  in  the  event  of  an  Executioner  applying  for 
this  burgh  to  admit  and  qualify  him  and  give  such  a  yearly  salary  as  can 
be  agreed  on  exclusive  of  a  certain  gratuity  for  executing  the  present 
business. 

July  3rd. — The  Council  is  informed  by  Mr.  Isaac  Grant,  the  Town's 
Agent  in  Edinburgh,  that  in  the  action  before  the  Court  of  Session  for 
wrongous  imprisonment  at  the  instance  of  William  Innes,  gardener, 
against  Messrs.  Brander  and  Young,  late  bailies,  the  amount  of  damages 
and  expenses  against  the  magistrates  amounted  to  £50  Stg. 


1790. 

January  1 6th.— At  the  request  of  the  Rev.  John  Grant,  one  of  the 
Town's  ministers  the  Council  agree  to  give  four  pounds  sterling  yearly 
for  five  years  towards  defraying  the  expense  of  a  Sunday's  School  pro- 
posed to  be  institute  in  this  place  to  be  under  the  direction  of  the 
ministers  and  provost  and  bailies. 

April  ipth. — The  Council  agree  to  give  ten  guineas  towards  defraying 
the  expense  of  rebuilding  the  stone  bridge  over  Lossie. 

June  29th. — Report  by  a  committee  respecting  the  Marches  of  Lossie- 
green  and  Borrowbridges.  The  town  has  a  servitude  on  Lossiegreen. 


179°-]  TOWN  COUNCIL  MINUTES.  499 

The  Committee  propose  that  80  paces  of  the  green  be  sloped  from  the 
new  march  stone  eastward  to  prevent  the  green  being  overflowed  by 
Lossie  when  in  speat.  The  committee  fix  this  march  stone  at  the  west 
end  of  the  green  as  far  westward  as  the  oldest  inhabitants  remember  the 
town  had  any  right  or  privileges  of  servitude.  To  be  sloped  as  Lord 
Findlater's  tenant  has  done  the  westward.  The  Committee  recommend 
the  placing  of  thirteen  march  stones  at  equal  distances  running  from 
south  in  a  crooked  line  north  agreeable  to  the  present  dyke,  then  west. 

June  3<Dth. — The  Council  unanimously  agree  that  Alexander  Brodie, 
Esq.,  of  Madras  shall  have  their  votes  and  interest  to  represent  this 
district  of  burrows  in  the  next  ensuing  Parliament  and  authorize  the 
magistrates  to  write  Mr.  Brodie  of  this  their  resolution. 

July  1 2th. — This  being  the  day  appointed  for  the  election  of  a 
member  to  represent  the  burghs  of  Elgin,  Cullen,  Banff,  Kintore  and 
Inverurie  in  the  ensuing  Parliament,  convened  Mr.  Alexander  Brandcr, 
merchant  in  Elgin,  eldest  bailie,  Delegate  for  Elgin  ;  Mr.  John  Wilson, 
factor  for  the  Earl  of  Findlater  and  Seafield,  Delegate  for  Cullen  ; 
George  Robinson,  Esq.,  late  Provost  of  Banff,  Delegate  for  Banff;  Mr. 
Alexander  Downey,  advocate  in  Aberdeen,  Delegate  for  Kintore  ;  and 
William  Thomson,  Esq.  of  Crabstone,  provost  of  Inverurie,  Delegate  for 
Inverurie.  Mr.  Alex.  Brander  chosen  preses.  The  delegates  and  clerk 
having  taking  the  oaths  of  alledgeance,  &c.,  Alexander  Brodie,  Esq.,  of 
Madras,  a  burgess  of  Elgin,  is  chosen  to  be  a  member  of  the  House  of 
Commons  in  the  ensuing  Parliament. 

August  24th. — Charter  to  James  Coull,  physician  in  London,  upon 
the  lands  of  Grantsgreen,  the  designation  whereof  is  now  changed  to 
Ashgrove.  Robert  Grant  only  son  of  the  deceased  William  Grant  of 
Grantsgreen  sold  the  said  lands  for  £750  Stg.  The  said  William  Grant 
had  a  charter  thereon  of  date  1769.  He  died  in  1784.  Boundaries  :  the 
burn  of  Tayock  and  the  mortified  lands  of  Maisondew  and  the  Leper 
lands  on  the  north  ;  on  the  east  by  the  highway  from  Elgin  by  the  Malt 
foord  of  Tayock  where  now  is  a  stone  bridge  to  the  Milntown  of  Link- 
wood  ;  and  at  the  west  by  a  road  from  Elgin  to  Milntown  of  Linkwood 
along  the  east  side  of  the  Wester  Cattails. 

The  Council  give  two  guineas  for  erecting  a  new  timber  bridge  over 
Lossie  at  Bishopmill  the  old  one  being  ruinous. 


500  RECORDS  OF  ELGIN.  [l792- 


1791. 

The  officers  to  ring  the  Tolbooth  bell  every  Monday  at  11  o'clock 
forenoon,  so  as  the  Council  or  committees  of  the  town  may  meet  if  they 
incline. 

June  1 8th. — Several  neighbouring  heritors  to  Lossie  having  embanked 
and  otherwise  defended  their  property  which  will  have  the  effect  of 
throwing  the  water  on  Lossiegreen  the  Council  agree  to  pay  half  the 
expense  with  Lord  Findlater  for  improving  the  banks. 

June  2Oth. — The  Council  establish  two  annual  markets  at  Lossiemouth, 
viz.,  on  the  second  Wednesday  of  June  and  the  second  Wednesday  of 
October. 

1792. 

February  271)1. — There  was  laid  before  the  Council  a  representation 
dated  nth  February  current  in  the  name  of  the  Rev.  Mr.  John  Skinner, 
Bishop  and  Preses  of  the  Committee  of  the  Scotch  Episcopal  Church 
regarding  the  restraints  which  have  existed  upon  the  pastors  and  people 
of  that  church  and  for  obtaining  toleration  in  the  exercise  of  their 
religious  worship.  The  Council  are  unanimously  of  opinion  that  the 
request  is  reasonable  and  direct  Bailie  Brander  to  write  Mr.  Brodie  their 
member  in  Parliament  to  support  their  wishes  and  promote  the  object  of 
the  representation. 

The  Council  having  deliberately  reasoned  on  and  considered  the  plan 
presently  in  agitation  and  intended  to  be  submitted  to  the  consideration 
of  Parliament  anent  the  abolition  of  the  African  Slave  Trade  are  un- 
animously of  opinion  that  the  trade  is  inimical  to  the  best  and  dearest 
interests  of  their  fellowmen  and  in  opposition  to  the  sacred  laws  of 
morality  and  religion  and  therefore  authorize  Bailie  Alexander  Brander 
as  Senior  Magistrate  to  prepare  in  their  name  a  petition  to  Parliament, 
sign  and  transmit  the  same  to  Mr.  Brodie  to  be  by  him  presented  and 
at  the  same  time  to  write  Mr.  Wilberforce,  Member  of  Parliament  (a 
strenuous  supporter  of  the  abolition)  of  the  present  resolution. 

June  1 8th. — The  Council  appoint  Patrick  Duff  to  write  the  Town's 
Agent  how  far  the  Council  may  be  warranted  to  take  down  the  Town's 


1792.]  TOWN   COUNCIL  MINUTES.  SOI 

Cross  as  the  same  is  become  ruinous.  They  unanimously  agree  to  take 
down  the  East  and  School  Ports  and  direct  the  Magistrates  to  see  the 
same  done  and  two  side  pillars  erected  at  each  of  them  and  if  any  stones 
remain  to  dispose  of  the  same  by  public  roup. 

June  1 8th. — The  Council  agree  to  improve  that  small  piece  of  ground 
south  of  the  malt  ford  for  a  bleaching  field  and,  if  proper,  to  erect  a  small 
wash  house  thereon. 

July  2nd. — The  Council  give  three  guineas  towards  defraying  the 
expense  of  the  new  road  through  the  Mannoch  hill.  The  Managers  of 
the  Little  Church  petitioning  the  Council,  workmen  are  appointed  to 
inspect  the  same  and  report  its  present  state  and  value  with  a  proper 
plan  of  enlarging  and  repairing  the  same  and  the  expense  thereof. 

August  pth. — The  value  of  the  materials  of  the  Little  Church  is 
attested  to  be  £35  Stg.  and  the  expense  of  rebuilding  it  £399  143.  yd. 
Stg.  The  Managers  of  said  church  are  willing  to  rebuild  the  same  and 
to  engage  that  it  shall  always  be  used  as  a  place  of  worship  by  those  of 
the  Presbyterian  persuasion  only  and  shall  pay  a  yearly  rent  to  the  town 
on  the  Council  granting  the  Managers  a  feu  right  or  long  lease  on  the 
ground  adjacent  to  and  where  the  present  church  and  shops  resting 
thereon  stand  extending  as  far  back  northward  as  Findrassie's  Isle 
running  on  the  south  in  a  line  with  the  steeple  of  the  High  Church  and 
extending  as  far  east  as  the  present  Little  Church  goes.  The  Council 
authorize  the  Managers  to  rebuild  the  church  to  the  extent  of  £400  Stg. 
and  grant  them  a  lease  on  the  church  and  pertinents  for  70  years  from 
Whitsunday  next  at  the  yearly  rent  of  £4  IDS.  Stg.,  the  Council  at  the 
end  of  the  lease  to  have  power  to  prorogate  it  or  take  the  building  off  at 
valuation.  The  Council  further  recognise  the  Managers  of  said  church 
for  the  time  being  as  a  Body  and  enact  that  the  said  Church  shall  be 
used  only  as  a  place  of  worship  by  those  of  the  presbyterian  persuasion, 
against  which  procedure  Convener  Barron  protested  in  name  of  the 
Trades. 

October  ist. — The  Magistrates  are  authorised  to  borrow  money  to  fit 
up  the  new  shambles. 

October  29th. — Provost  Brander  produced  a  bill  of  exchange  for 
£150  Stg.  being  part  of  the  legacy  left  by  the  late  James  Leslie  of  the 
Island  of  Jamaica  to  the  Schools  of  Elgin. 

November   i2th. — The  Council  subscribe  £21  Stg.  towards  the  in- 


502  fcECORbS  OF   ELGIN.  ['795- 

tended  bridge  over  Spey  at  Fochabers,  considering  the  utility  that  would 
result  to  this  country  from  such  undertaking. 

The  Council  join  with  the  Town  Council  of  Inverness  in  representing 
to  Parliament  the  oppressive  tax  on  coals  to  which  the  inhabitants  of  the 
north  of  Scotland  are  subjected. 


1793- 

January  2 1st. — The  Council  received  the  Kirk  Session  of  Elgin  as 
their  vassals  in  the  two-eighten  parts  of  lands  mortified  by  the  deceased 
John  Petrie,  merchant  in  Elgin,  in  favour  of  the  Kirk  Session.  The 
Council  modify  the  entry  money  to  £5  53.  Stg.  and  fix  the  annual  feu 
duty  at  53.  Stg.  The  mortification  is  for  defraying  the  education  of  six 
poor  Orphans  or  children  within  the  parish  of  Elgin  whose  parents  can- 
not afford  to  pay  their  school  fees  for  teaching  such  children. 

September  i6th. — The  Council  authorise  the  Provost  to  thank  Mr. 
Dundas,  Secretary  of  State,  for  procuring  the  repeal  of  the  duty  upon 
coals. 

1795- 

January  2ist. — The  Council  appoint  intimation  to  be  publicly  made 
through  the  town  discharging  all  Heritors  from  receiving  strangers  as 
their  Tenants  until  they  produce  proper  certificates  of  their  moral 
character  to  the  magistrates  and  have  the  same  sustained  certifying 
those  who  do  in  the  contrary  that  they  will  be  severely  punished. 

The  Council  authorise  the  Provost  to  write  the  Town's  Agent  to 
extract  the  decreet  against  the  Town's  vassals  who  have  lands  in  non- 
entry  and  thereafter  to  follow  further  all  proper  means  for  finishing  the 
business. 

The  Council  authorise  the  Magistrates  to  raise  a  prosecution  against 
William  Forsyth,  farmer  in  Duffus,  for  the  duties  payable  to  the  Town 
for  grain  shipt  by  him  at  the  harbour  of  Burghead  within  these  several 
years. 

The  Council  considering  that  Bailie  Alexander  Cobban  is  about  to 
enter  into  Colonel  Baillie's  fencible  Regiment  they  as  a  mark  of  respect 
to  Mr.  Cobban  agree  to  give  two  guineas  to  each  man  in  this  county  who 


I79S-]  TOWN   COUNCIL  MINUTES.  503 

may  enlist  with  Mr.  Cobban  betwixt  and  the  first  of  April  next  over  and 
above  all  other  bounties. 

February  i6th. — The  Council  agree  to  give  the  inhabitants  of  the 
East  end  of  the  town  one  pound  Stg.  towards  defraying  the  expense  of 
putting  a  pump  and  cover  on  the  new  well  on  this  condition  that  the 
people  in  that  end  of  the  town  become  bound  not  to  trouble  the  Council 
on  this  head  again. 

March  i6th. — Precept  of  clare  constat  in  favour  of  John  Brander  of 
Pitgaveny  as  heir  of  line  and  conquest  to  his  uncle  Alexander  Brander 
of  Kinnedward  upon  four-eighteen  parts  and  two  parts  of  the  Cattaills. 

The  Council  considering  that  the  billet  masters  have  had  a  great  deal 
of  additional  trouble  for  the  last  year  in  quartering  or  billeting  troops 
and  that  this  trouble  is  likely  to  be  continued  for  the  present  season 
agree  to  pay  them  £1  IDS.  for  the  last  year  and  £3  Stg.  for  the  present 
year. 

On  a  petition  from  the  inhabitants  of  the  east  end  of  the  town  the 
Council  agree  to  give  155.  for  covering  with  wood  the  top  of  the  well 
near  the  east  port. 

The  Council  agree  to  sell  to  William  Brodie  of  Milton  the  part  of  the 
superiority  of  Barflatthills  still  unsold  reserving  the  feu  duty  which  is 
declared  to  have  no  connection  with  the  sale  of  the  superiority.  Mr. 
King  of  Newmilns  and  Mr.  Innes  of  Leuchars  have  bought  the  rest. 

May  nth. — The  provost  produced  the  Act  of  Parliament  for  raising 
landmen  for  the  navy  in  the  several  counties,  royal  burghs,  &c.,  in 
Scotland,  the  proportion  of  men  affecting  this  town  being  four  men 
and  stated  that  the  Act  authorises  the  Magistrates  to  levy  from  the 
heritors,  burgesses  and  inhabitants  a  sum  not  exceeding  ,£25  Stg.  per 
man  for  paying  bounties.  The  money  to  be  stented. 

The  Council  authorise  and  empower  the  Magistrates  to  purchase  meal 
for  the  use  of  the  community  to  whatever  extent  may  be  necessary. 

June  8th. — The  magistrates  have  purchased  from  Mr.  Young,  Oaken- 
head,  100  bolls  of  oatmeal  at  8  stone  for  i6s.  the  boll  and  from  General 
Grant  of  Ballindalloch  30  bolls  oatmeal  at  9  stone  and  30  bolls  barley 
meal  at  12  stone  for  i6s.  the  boll  and  had  commissioned  Mr.  William 
Young  to  purchase  250  bolls  more  of  oatmeal.  [This  last  not  required.] 

July  23rd.— The  Council  agree  unanimously  that  the  School  port  on 
the  south  side  of  the  town  shall  be  taken  down  as  the  same  obstructs 


504  RECORDS  OF  ELGIN. 

carriages  and  carts  loaded  with  wood,  hay,  &c.,  and  direct  the  materials 
of  this  port  and  the  one  at  the  east  side  of  the  town  be  applied  towards 
the  intended  repairs  on  the  Court  house  and  the  monument  of  St.  Giles 
to  be  placed  in  the  natch  on  the  south  side  of  the  Tolbooth. 

September  22nd. — George  Brown  is  elected  Provost  in  place  of 
Alexander  Brander  who  is  eased,  he  having  served  three  years. 

November  23rd. — The  Council  unanimously  agree  to  address  his 
Majesty  on  his  late  escape  from  the  daring  attempt  on  his  person  in 
going  and  returning  from  the  house  of  Parliament. 

The  provost  represented  that  he  had  secured  for  the  community 
betwixt  300  and  400  bolls  of  oatmeal. 


1796. 

February  1st. — There  was  laid  before  the  Council  a  memorial  by  the 
Town  of  Aberdeen  anent  an  earlier  despatch  of  the  north  mail  from 
Edinburgh  with  a  sketch  of  the  wish'd  for  alteration  and  which  memorial 
contains  a  plan  for  establishing  a  mail  coach  or  Diligence  between  Edin- 
burgh and  Aberdeen. 

Lord  Findlater  is  to  plant  the  moors  of  Main  at  Herdhillock. 

February  29th. — The  Bank  of  Scotland  agree  to  lend  the  town  of 
Elgin  £500  Stg.  free  of  interest  for  ten  or  twelve  months  on  proper 
security.  The  Council  grant  the  Trades  £200  Stg.  at  their  request  to 
purchase  meal  for  the  use  of  their  members. 

May  2nd. — Having  resumed  consideration  of  the  application  about  to 
be  made  to  the  Postmasters  General  for  an  earlier  dispatch  of  the  north 
mails  from  Edinburgh,  with  the  objections  and  answers,  the  Council 
are  clearly  of  opinion  that  the  proposed  alteration  if  carried  into  effect 
would  promote  the  general  interest  of  the  country  and  at  the  same  time 
improve  the  revenue  and  direct  the  provost  to  address  the  Right  Honb1e. 
Henry  Dundas,  one  of  his  Majesty's  Secretaries  of  State  soliciting  his 
support  in  a  measure  which  appears  so  favourable  and  necessary  to  the 
advancement  of  the  commercial  interests  of  the  country,  also  to  solicit 
the  Lord  Advocate  for  Scotland  and  at  the  same  time  write  the  Post- 
masters General  at  London  the  sense  of  this  burgh  regarding  the 
alteration. 


i       '       i     !)<*'     ": 


TOWN   COUNCIL   MINUTES.  ,503 

May  loth. — The  town  agree  to  rent  Lord  Fife's  two  third  parts  of 
Croftcroy  for  17  years  at  £5  IDS.  Stg.  yearly  for  accommodating  the 
public  with  their  cattle  and  horses  at  fairs.  The  tenant  of  the  Old  Yards 
gives  them  up  to  the  town  as  the  same  by  being  laboured  hampers  the 
Cattle  Market. 

May  25th. — The  Council  agree  to  enter  into  a  submission  with  Sir 
Archibald  Dunbar  regarding  the  casualties  claimed  by  the  town  out  of 
Burghead. 

June  2nd. — George  Brown,  Esq.,  Provost,  chosen  Commissioner  or 
Delegate  for  Elgin  to  meet  at  Banff  on  2Oth  June  to  choose  a  burgess  to 
represent  this  class  or  district  of  burrows  at  the  ensuing  Parliament  of 
Great  Britain,  the  Council  having  previously  qualified  themselves  to 
Government  by  taking  and  swearing  the  oaths  of  allegiance  and  abjura- 
tion and  subscribing  the  same  with  the  Assurance,  the  Acts  of  i6th 
George  II.  against  bribery  and  corruption  was  read  and  dispensed  with 
and  the  Act  2nd  of  George  II.  was  also  read. 

October  3rd. — The  Council  nominate  Alexander  Innes,  session  bailie, 
and  recommend  to  him  to  attend  the  diets  of  session  when  called  on  and 
appoint  John  Duncan,  merchant,  collector  of  penalties,  and  direct  the 
bailie  to  recover  all  bygone  penalties. 

The  Council  agree  unanimously  to  augment  the  salary  for  the 
Sunday's  School  to  Mr.  Douglas  to  £3  Stg.  annually. 

October  i8th. — The  Lossicmouth  Committee  recommend  that  the 
pier  on  the  east  side  of  the  river  Lossie  should  be  completed  with  all 
possible  expedition  so  as  to  render  effectual  the  operations  already  done. 
They  find  that  about  ^250  would  finish  that  pier.  Subscriptions  to  be 
received. 

November  28th. — The  quota  of  men  to  be  raised  by  the  late  Act  of 
Parliament  from  this  burgh  for  the  Army  and  Navy  is  four.  A  bounty 
of  £20  to  be  offered  and  if  this  is  ineffectual  the  penalties  to  be  pro- 
portioned on  the  inhabitants. 

The  Council  authorise  the  Magistrates  to  examine  the  Lossiemouth 
fishers'  boat  and  in  case  they  think  there  is  a  necessity  for  a  new  boat  to 
employ  a  carpenter  to  build  the  same. 

P  2 


506  RECORDS  OF   ELGIN.  [>797- 


1797. 

January  Qth. — The  Council  agree  to  erect  a  shed  on  the  north  wall  of 
the  Tolbooth  for  the  accommodation  of  country  butchers. 

March  2nd. — The  Council  considering  that  in  the  present  alarming 
crisis  of  a  threatened  invasion  by  our  enemies  it  is  the  duty  of  every 
loyal  subject  to  testify  his  loyalty  and  firm  attachment  to  the  King  and 
constitution  unanimously  are  of  opinion  that  this  burgh  should  make 
offer  of  their  services  to  Government  by  raising  one  or  two  Volunteer 
Companies.  The  Provost  and  Magistrates  appointed  a  Standing  Com- 
mittee to  obtain  signatures.  The  Council,  in  order  to  encourage  spirited 
young  men  to  come  forward,  unanimously  agree  to  grant  them  the  free- 
dom of  the  burgh  at  the  end  of  their  services  on  their  producing  to  the 
Magistrates  a  certificate  from  the  Commanding  Officer  for  the  time  of 
their  good  behaviour. 

May  1 6th.- — The  Council  unanimously  agree  that  the  widows  of  the 
Bcdcmcn  shall  have  the  use  of  the  lofts  above  the  Bedehouse. 

June  igth. — The  Council  recommend  to  the  magistrates  to  take 
cognizance  of  new  inhabitants  who  may  have  come  to  reside  in  town 
and  the  Council  declare  that  all  heritors  or  others  letting  houses  who 
receive  tenants  without  their  producing  proper  certificates  of  their 
character  shall  be  liable  for  all  depredations  committed  by  their  tenants 
and  they  further  resolve  that  masters  and  heads  of  families  receiving 
servants  into  their  families  shall  require  such  servants  to  produce  certifi- 
cates of  their  moral  character  and  they  request  of  the  ministers  to 
intimate  this  resolution  from  the  pulpit  and  that  the  clergy  afterwards 
attend  the  magistrates  in  searching  the  town  for  detection  of  any 
characters  who  may  fall  under  this  resolution. 

August  i4th. — The  Council  find  that  about  285  feet  of  the  addition 
to  the  east  pier  at  Lossiemouth  is  nearly  finished  and  the  Committee 
beheld  with  pleasure  the  good  effects  of  the  operations  now  carrying  on. 

September  i8th. — The  Council  agree  to  subscribe  20  guineas  towards 
erecting  the  bridge  over  the  river  Findhorn. 

September  26th. — The  Council  unanimously  agree  to  furnish  the 
Volunteer  Companies  of  the  town  with  a  stand  of  colours  for  each 
Company. 


I798-]  TOWN   COUNCIL  MINUTES.  507 


1798. 

March  5th. — The  Council  grant  a  lease  for  19  years  of  a  small  piece 
of  ground  at  Lossiemouth  at  a  rent  of  6d.  Stg.  yearly  to  Messrs.  John 
Jack  and  Isaac  Forsyth  as  a  coal  store  to  remedy  the  distressing  incon- 
venience to  the  inhabitants  from  want  of  coals. 

April  2nd. — The  Council  appoint  James  Duffus,  merchant,  as  Collector 
of  the  Triple  Assessment  laid  upon  the  town  as  an  aid  and  contribution 
for  carrying  on  the  war. 

April  5th. — The  Council  subscribe  50  guineas  out  of  the  common 
good  for  the  defence  of  the  country  in  the  present  critical  situation  of 
affairs.  The  inhabitants  are  also  recommended  to  subscribe. 

May  8th. — The  Council  agree  to  write  Mr.  Broclie,  M.P.,  to  use  his 
utmost  endeavours  to  procure  some  mitigation  of  the  proposed  additional 
duty  on  salt,  being  satisfied  that  the  intended  increase  will  bear  heavily 
on  the  labouring  and  lower  classes  of  people. 

September  I7th. — The  Council  resolve  that  after  next  Whitsunday 
the  lofts  above  the  Bedehouse  shall  not  be  set  to  tenants  but  the  use  of 
them  given  to  the  bedemen. 

September  24th. — The  Council  considering  that  a  plan  is  presently  in 
agitation  for  establishing  a  Runner  from  the  Post  Office  at  Elgin  to 
the  village  of  Lossiemouth  they  agree  to  give  two  guineas  to  assist  in 
making  up  any  deficiencies  that  may  arise  in  defraying  of  the  expence 
and  authorize  the  magistrates  to  pay  this  sum  on  their  being  satisfied  of 
the  propriety  thereof. 

October  ist. — Bailie  Forteath  has  one  of  the  keys  of  the  Gadget  and 
the  Dean  of  Guild  the  other. 

The  Council  taking  into  their  serious  consideration  a  practice  very 
prevalent  in  the  burgh  of  persons  who  obtained  burgess  tickets  while 
tradesmen  taking  the  benefit  of  the  general  nature  of  such  tickets  and 
and  now  entering  into  trade  as  merchants  and  paying  the  gild  brother 
fees  as  such,  Do  hereby  enact  and  declare  that  no  mechanic  or  person 
who  practised  such  occupation  shall  be  allowed  to  commence  trade  as  a 
merchant  and  be  admitted  gild  brother  until  he  make  payment  of  the 


508  RECORDS   OF   ELGIN. 

usual  dues  of  six  pounds  for  a  burgess  ticket  and  five  pounds  for  the 
gild  Freedom.  The  Council  resolve  that  the  practice  sometime  since 
introduced  of  mentioning  in  burgess  tickets  whether  they  are  merchants 
or  tradesmen  shall  be  strictly  observed  in  future  and  further  that  none  of 
the  honorary  tickets  presented  to  strangers  or  others  shall  create  any 
right  to  the  receivers  to  carry  on  trade  in  the  burgh  unless  they  pay  the 
usual  fees  of  six  pounds  to  the  town  and  five  pounds  to  the  Guildry. 

Entry  to  Lord  Findlater  as  the  Council's  vassal  in  his  lands  holding 
of  the  town  for  .£100  Stg.  (i)  Precept  of  clare  constat  in  favours  of 
James,  Earl  of  Findlater  and  Seafield,  on  the  lands  of  Bailliefield  and 
Blackboggie  commonly  called  Nether  Bogs  also  on  a  part  of  the  Cattails 
with  a  piece  of  moorish  ground  also  on  the  east  side  of  Moss  Wynd  and 
on  the  parts  of  the  muirs  of  Elgin  contiguous  to  the  lands  of  Linkwood, 
Glassgrcen  and  Muirytack.  (2)  Charter  of  resignation  and  confirmation 
in  favours  of  James,  Earl  of  Findlater  and  Seafield,  on  the  town  and 
lands  of  Glassgrecn  and  Muirytack,  also  on  the  parts  of  Barflathills 
formerly  belonging  to  the  Earl  of  Fife  and  conveyed  by  him  to  James, 
Earl  of  Findlater  and  Seafield  by  excambion,  5th  October,  1767.  (3) 
Charter  of  sale  in  favour  of  his  Lordship  upon  three  aughteens  also 
portions  of  the  Cattaills  and  one  aughteen  also  Blackfriar  croft  and 
teind  sheaves  and  the  ground  and  lands  of  the  yards  sometime  pertaining 
to  the  Blackfriars  of  Elgin  called  the  Friars  haugh,  teind  sheaves  and 
other  pertinents  which  last  subjects  pertained  to  Laurence  Sutherland 
of  Greenhall  and  were  disponed  by  his  son  John  Sutherland,  writer  in 
Edinburgh,  to  James,  Earl  of  Findlater  and  Seafield,  grandfather  of 
the  present  Earl,  i$th  and  23rd  April,  1763.  (Extract  from  the  Earl 
of  Findlater's  charter :— "  All  and  haill  a  croft  of  land  called  the 
Blackfriar  croft  and  teind  sheaves  and  parsonage  teinds  thereof  lying 
by  north  the  said  burgh  of  Elgin  betwixt  the  water  of  Lossie  at  the 
west  and  the  yard  of  the  Blackfriars  at  the  south  and  the  said  water 
of  Lossie  at  the  north  and  the  water  of  Lossie  as  it  run  of  old  at  the 
east") 

December  24th. — The  Council  direct  the  Town's  officers  to  give  over 
the  practice  of  asking  presents  from  the  inhabitants  at  Christmas  and 
agree  to  give  each  of  the  town's  officers  an  addition  to  their  salary  of  one 
pound  sterling. 


1 799.]  TOWN   COUNCIL  MINUTES.  509 


1799. 

May  1 8th. — The  Council  signed  a  charter  in  favours  of  John  Brander, 
merchant,  on  that  piece  of  ground  called  the  Callow  Hill  for  an  yearly 
duty  of  £2  IDS.  (the  Gallow  Hill  with  the  grass  land  belonging  thereto, 
bounded  by  the  road  leading  from  Elgin  to  Forres  by  the  ford  on  the 
water  of  Lossie  called  the  Ford  of  Scroggicmill  on  the  south  and  west, 
the  water  of  Lossie  on  the  north  and  the  water  of  Lossie  and  lands 
belonging  to  the  Earl  of  Findlater  and  Seafield  on  the  east.) 

September  3Oth. — The  bailies  and  Dean  of  Guild  are  appointed  to 
search  the  town  for  combustibles  and  to  take  cognizance  of  new  in- 
habitants and  disorderly  people. 


PLEASE  DO  NOT  REMOVE 
CARDS  OR  SLIPS  FROM  THIS  POCKET 

UNIVERSITY  OF  TORONTO  LIBRARY 


DA     Elgin,  Scot. 

890       The  records  of  Elgin 

E6A2 

v.l